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Why Judicial Decisions Deserve More Than Political Spin
Judge gavel and book on the laptop
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Why Judicial Decisions Deserve More Than Political Spin

The Scene: The State of the Union Address, front row.

Thought bubble above the head of Chief Justice John Roberts:

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Is The War on Iran Unlawful And Unfair To U.S. Troops?

A large plume of smoke rises over Tehran after explosions were reported in the city during the night on March 07, 2026 in Tehran, Iran.

(Photo by Contributor/Getty Images)

Is The War on Iran Unlawful And Unfair To U.S. Troops?

In what is being called “Trump’s War,” the United States has increased attacks against Iran recently, after the initial attack killed Ayatollah Ali Khamenei, the nation’s Supreme Leader.

Congress did not approve the action, nor was informed of it—as is the law. Later, both the Senate and the House of Representatives rejected a bid to rein in actions pertaining to the Iran war.

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The Unitary Executive Myth Is Fueling Dangerous Overreach

Chief Justice of the United States John G. Roberts, Jr attends U.S. President Donald Trump's address to a joint session of Congress at the U.S. Capitol on March 04, 2025 in Washington, DC.

(Photo by Win McNamee/Getty Images)

The Unitary Executive Myth Is Fueling Dangerous Overreach

The “Unitary Executive” doctrine has become a talisman for expanding the sphere of Presidential prerogatives. Chief Justice John Roberts has been a key architect of this doctrine. It underlies the Supreme Court’s use of its shadow docket to reverse many detailed, well-reasoned lower federal court decisions over the last year. Those decisions, after carefully hearing and assessing the facts and the law, had enjoined unprecedented, far-reaching presidential actions (including the imposition of tariffs) that were almost certain to inflict immediate and substantial harm on millions of people and on the functioning of government itself.

As a lawyer, I have grave concerns about the so far unconstrained actions of this Executive branch and what they mean for the rule of law and the survival of our personal liberties. But even those too jaded to care or who think naively, “it will never happen to me,” should be concerned about ineptitude, greed, and waste. These are the costs imposed on all of us when government resources and employees are deployed on personal vendettas or redirected from critical government functions to support impulsive, arbitrary, and often futile actions.

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Elite Insulation and the Fragility of Equal Access

A protest group called "Hot Mess" hold up signs of Jeffrey Epstein in front of the Federal courthouse on July 8, 2019 in New York City.

(Photo by Stephanie Keith/Getty Images)

Elite Insulation and the Fragility of Equal Access

In America: What We Want, What We Have, What We Need, I argued that despite partisan division, Americans share core expectations. They want upward mobility that feels real. They want elections that are credible. They want markets where new entrants can compete. They want rules that bind concentrated wealth. They want stability without stagnation.

The Epstein case directly tests those expectations.

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