Scalia's opinion in the ruling overturning D.C.'s gun ban shows the flaws of his trademark judicial thinking. Especially since he marshaled nearly the reverse logic in his dissent to the Guantanamo detainee case.
As Bush leaves office, there's a rush to issue last-minute regulations for the nation's executive agencies. As a result, we face the specter of starting 2009 with an ill-considered regulatory regime that will be hard for the next president to alter.
The contrast between the two Supreme Court Guantanamo rulings issued yesterday is striking. In the case that is in the public eye, the Court steps up to the plate. But in the low-profile case, the Court doesn’t risk confronting the executive.
Some cases are just too ugly even for the Supreme Court, it appears. Last week it refused to grant review to a claim from Washington State challenging an important principle: the requirement that outside groups disclose their electoral spending....