Affirmative Action: Unequal Protection?

The Economist has come out against race-based affirmative action in the United States, a surprising (to me) move given the magazine's socially left-of-center outlook (e.g., for legalizing drugs and banning handguns). Indeed, the way in which affirmative action as currently practiced discriminates against Asians even more than against whites is difficult to justify. (I argued … Continue reading Affirmative Action: Unequal Protection?

Obamacare Upheld: Thank Goodness!

The Supreme Court's decision to uphold the Affordable Care Act (don't call it "Obamacare"!) gives me a great sigh of relief. Although I was one of those who thought it well-nigh impossible to be overturned when the lawsuits were initially filed, over the last several months I began to think that there was actually a … Continue reading Obamacare Upheld: Thank Goodness!

Why “Vote GOP for the Court” Cuts No Ice with Me

I've never voted for a Democrat or Republican for president at a general election. I've always voted for a Libertarian (in 2008 I voted for George Phillies, who was on the ballot as a Libertarian in New Hampshire in addition to the official candidate, Bob Barr), and I've never had reason to regret my vote. … Continue reading Why “Vote GOP for the Court” Cuts No Ice with Me

Barnett on the Supreme Court on the Individual Mandate

While my fellow Pilei debate the role that moderate Republicans can play in a future return to fiscal sobriety, libertarian law prof Randy Barnett considers whether, with respect to the PPACA, it even matters. What are the chances that the Supreme Court strikes down the individual mandate, including potentially the entire bill, which lacks a … Continue reading Barnett on the Supreme Court on the Individual Mandate

Coercion as freedom

In its usual flurry of end-of-term decisions, the Supreme Court issued an important opinion affecting liberty on college campuses (or what's left of it).  The opinion concerned the lawsuit by a Christian group at the Hastings College of Law, a public school affiliated with the University of California.  The Christian group was denied the right … Continue reading Coercion as freedom

What We Can Infer about Kagan

My Pileus colleague Marcus Cole argued a few weeks ago that conservatives and libertarians should not be so unhappy with Supreme Court Justice nominee Elena Kagan, since it could have been "much worse." With a left-liberal Democrat in the White House and a Congress controlled by the Democrats, who knows, Marcus asked, what enormity we could … Continue reading What We Can Infer about Kagan

Kagan Could Be Much Worse

Conservative and libertarian opposition to the appointment of Solicitor General and Supreme Court nominee Elena Kagan has been lackluster at best, and for good reason: President Obama’s choice to fill the seat of retiring Justice John Paul Stevens could be much worse. Indeed, there is some reason to believe that conservatives ought to breathe a … Continue reading Kagan Could Be Much Worse