American - Journalist | November 5, 1969 -
A generation of women has grown up thinking of reproductive freedom as a constitutional right, and the Court should not casually take away rights that it has determined the Constitution guarantees.
Benjamin Wittes
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Stability in law - particularly constitutional law - is critically important; the Supreme Court would do well to remember that.
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One effect of Roe was to mobilize a permanent constituency for criminalizing abortion - a constituency that has driven much of the southern realignment toward conservatism.
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The core constituency that Republicans must satisfy in high court nominations is the party's social conservative base, which fundamentally cares about issues, not diversity, and has accepted white men who practice the judging it admires.
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Full disclosure: James Comey is a friend. I won't pretend to neutrality about him. He is a highly honorable and decent person, and I have no doubt that he made the many judgments for which people loathe him in good faith.
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In the world of President Trump, we really want people who aren't going to lie. We want people who can sit in front of a congressional committee for hours and, however mad they may make us, never give us reason to doubt that they are telling the truth as they see it.
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In a way I never did with George W. Bush or Barack Obama or Bill Clinton, I will write about the actions of the Trump presidency with the working assumption that our nation must be protected both by and from the president.
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I'm an unabashed apologist for strong national-security authority. That's why I might be more alarmed by Trump.
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If you believe, as I do, that the scope and range of presidential authority is great, that puts a lot of weight on the civic virtue and decency of the individual who holds the office.
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President Obama's decision not to go to Congress for help in establishing reasonable standards for the continued detention of Guantanamo detainees is a failure of leadership in the project of putting American law on a sound basis for a long-term confrontation with terrorism. It is bad for the country, for national security, and for civil liberties.
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To get a FISA warrant to spy on a suspected spy, the feds go before a super-secret court located in a sealed room in the Department of Justice. With no defense lawyers present, they need only show probable cause that the target is an 'agent of a foreign power' engaged in intelligence gathering against the United States.
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Broadly speaking, the problems with the Espionage Act are that it is hopelessly broad. And we tend to use the Espionage Act - we think about the Espionage Act as forbidding disclosures of classified information. That's not really what the statute says. What the statute talks about is information related to the national defense.
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