The betting website PredictIt now puts the odds of Donald Trump winning the White House this November at 22%. I don’t think that estimate is too far off: Trump…
In the days since Justice Antonin Scalia’s death, obituaries and retrospectives have told a standard story about his jurisprudence: Scalia was a conservative…
A central premise in administrative law is that federal judges lack the democratic legitimacy of executive branch officials. As Justice Scalia put it in City of Arlington v. FCC, “unelected . . . federal judges” are “even less…
Matt Yglesias has a nice piece over at Vox about the strategy behind nominating Nevada governor Brian Sandoval to the Supreme Court vacancy. For those with an inclination toward formal models, a little bit of algebra brings the potential tradeoffs into starker relief.
In response to my prior post on the Supreme Court vacancy and the majoritarian difficulty, Mark Savignac offers a series of observations and extensions that strike me as entirely right:
(1) A Supreme Court nominee would indeed…