Free Republic

resident Biden should find ways to defy the rulings of "MAGA justices" for their "gravely mistaken" constitutional interpretations, law professors urged in a letter on Wednesday. Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin penned "An Open Letter to the Biden Administration on Popular Constitutionalism" to respond to what Biden has called "not a normal court" following high-profile cases. "We urge resident Biden to restrain MAGA justices immediately by announcing that if and when they issue rulings that are based on gravely mistaken interpretations of the Constitution that undermine our most fundamental commitments, the...

The issue of gay rights and recognition and acceptance of the LGBTQ community has moved at warp speed—in political terms anyway—this past decade. “I believe marriage is between a man and a woman. I am not in favor of gay marriage,” said the candidate Barack Obama in 2008. At Thursday night’s nationally televised forum on LGBTQ rights, candidate Beto O’Rourke showed how far, and how quickly, the Democratic Party has moved. The former Texas congressman caused quite a stir when he said he would support revoking the tax-exempt status of religious institutions—colleges, churches, and charities—if they opposed same-sex marriage. (snip)...

Less than a month after the confirmation of Associate Justice Brett Kavanaugh entrenched a 5-4 conservative majority on the Supreme Court, leading law professors are urging Democrats to expand the size of all of the nation's federal courts and pack them with liberals. Far-left Harvard professors Mark Tushnet and Laurence Tribe are lending their support to the so-called "1.20.21 Project," which was launched by political science professor Aaron Belkin on Wednesday to counter "Republican obstruction, theft and procedural abuse" of the federal judiciary. That rhetoric reflects the professors' apparent surprise after Democrats lost the 2016 presidential election, which they had...

Every day, it seems, the United States is becoming a more hostile environment for people with pro-life and conservative positions. Abortion activists constantly challenge pro-life laws, stall abortion industry investigations, force religious objectors to pay for abortions and attack life-affirming resource organizations. ADVERTISEMENT ADVERTISEMENT A recent article by Harvard law professor Mark Tushnet on the blog Balkinization calls for liberals to pursue even more aggressive measures against conservatives and pro-lifers, according to a new column by The Heritage Foundation’s Ryan T. Anderson.Anderson wrote at The Daily Signal: Now that President Barack Obama has reshaped the federal judiciary, liberal causes can...