Political Ideology in the U.S. Supreme Court: Undercutting the Court’s Legitimacy

As the U.S. Supreme Court began its 2016 term with eight justices, the Court stood “at the threshold of an ideological transformation unmatched in nearly a half century.”[1] Not since 1968, when Richard Nixon was elected U.S. President, had such an opportunity presented itself. Nixon’s four nominations ended the liberal majority begun by Franklin Roosevelt’s eight.[2] The conservative majority begun with Nixon’s nominations was up for grabs with the 2016 presidential election. I submit that the legitimacy of the ideological dimension itself dwarfs the matter of which ideology is dominant on the Court.

The full essay is at "Political Ideology in the U.S. Supreme Court."

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[1] Richard Wolf, “Court at Brink of Transformation,” USA Today, September 30 – October 2, 2016.

[2] Ibid.

E.U. Defense Post-Britain: Beyond Multinational Military Cooperation

Just months after the British voted to secede from the Union, the E.U.’s Counsel of Ministers discussed “proposals for increased military cooperation” amid concerns from the British state government as well as those of some eastern States that “such collaboration could undermine” NATO.[1] The proposals being discussed were “part of a push by European officials and diplomats to strengthen European ties” after Britain’s vote to secede.[2] I submit that both the expression, “military cooperation,” and Britain’s involvement in the discussion are ill-fitting and inappropriate, respectively.

The complete essay is at Essays on Two Federal Empires.

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1. Julian E. Barnes, “EU Pushes for Deeper Defense Cooperation,” The Wall Street Journal, September 28, 2016.

2. Ibid.

Americans Can Sue Saudi Arabia over 9/11 and the Saudis Accept Lower Oil Production by OPEC: The Unraveling of a Deal?

On Wednesday, September 28, 2016, the U.S. Congress voted overwhelmingly—97-1 in the Senate and 348-77 in the House of Representatives—to override President Obama’s veto of a bill that allows the families of the September 11, 2001 World Trade Center bombings.[1] As a result, American courts can seize Saudi assets to pay for any judgment obtained by the families. Saudi officials in turn warned that their government might need to sell off hundreds of billions of dollars in holdings in the United States to avoid such an outcome. In another place in the world, Saudi officials were dropping their resistance to OPEC—an oil cartel—cutting production. Even though positive correlation does not in itself indicate causation, the timing may point to the impact of political calculations by Obama. That is to say, the timing may suggest a political deal gone bad.

The full essay is at "Unraveling of a Deal?"

1. Jennifer Steinhauer, Mark Mazzetti, and Julie H. Davis, ,“Congress Allows Saudis to Be Sued Over 9/11 Attacks,“ The New York Times, September 29, 2016.