Absolutely delighted to see that the idea of a talking filibuster is getting serious attention. Continue reading Getting Traction
The New York Times reports: “In an embarrassing setback for Mr. Biden, Senator Kyrsten Sinema, Democrat of Arizona, stunned her colleagues just hours before the president was slated to make his case to them in person at the Capitol by taking the Senate floor to declare that she would not support undermining the filibuster to pass legislation under any circumstances.” Senator Sinema disappointed colleagues and citizens who had hoped for progress on passing legislation to protect voting rights. But Sinema “was cheered by Republicans who credited her with nothing less than protecting the Senate.” Why has President Biden and Senate … Continue reading Voting Rights or Bust!
Greg Weiner articulates a compelling argument for judicial deference—all things considered—to the elected branches of government. As he puts it: judges “can avoid decisions because someone else has already made them: elected officials. A reasonably consistent posture of deference to the elected branches . . . serves dual institutional purposes.” I want to push the tension between principle and deference a bit more than Greg does. On its face, judicial deference offers a modest institutional role for judges. This understanding rests squarely on a view that decisions made by legislative majorities are preferable to unelected judges. It is a powerful take. And right, … Continue reading Is Judicial Deference Principled?
Is there anything more galling than conservatives deploying the phrase “woke capitalism”? When social democrats use the phrase as a term of derision, at least they are being consistent, since they were skeptics about unregulated capitalism from the get-go. But to hear conservatives, who have for decades lauded radical laissez-faire and fear-mongered about taxes, regulation, and campaign finance limits, suddenly do an about-face on capitalism the moment that the markets start to steer in substantive directions they find uncomfortable, is quite remarkable. To be sure, not all conservatives are against regulation (especially when it comes to their own areas of moral … Continue reading “woke capitalism”