Associate Justice Owen J. Roberts. Conventional history has characterized his vote in 1937's case West Coast Hotel Co. v. Parrish as a strategic measure to save the judicial integrity and independence of the U.S. Supreme Court. Maybe it was more prosaic.

Dealing with the Kavanaugh Court


WC doesn’t propose to do a post-mortem on the Kavanaugh confirmation. The nearly-secret installation of the serial liar says it all. As citizens and voters, our only recourse is at the polls in November and in November 2020. We have to move on, which takes WC back to his Administrative Law course, back in law…

Stephen Crane, about March 1896

Maybe We Should Do Something More?


Sometimes, when WC sees everyone on social media wringing their hands and eating their hearts out, it feels like WC has fallen into a Stephen Crane poem:1 In the Desert by Stephen Crane In the desert I saw a creature, naked, bestial, Who, squatting upon the ground, Held his heart in his hands, And ate…

Supreme Court nominee Brett M. Kavanaugh gives his opening statement to the Senate Judiciary Committee on Thursday. (Win McNamee/Getty Images)

Notes on Kavanaugh: Would You Hire This Man?


A lot of folks don’t seem to understand the purpose of the Senate Judiciary Committee’s hearing on the nomination of Judge Kavanaugh. It’s not a trial. It’s nonsense to talk about “innocent until proven guilty” and “evidence.” Those are terms for a court or administrative law performance. They have little if anything to do with…

WASHINGTON, DC - MARCH 25: (L-R) Federal Communications Commission Chairman Tom Wheeler (L) listens to FCC Commissioner Ajit Pai testify before the House Judiciary Committee about Internet regulation in the Rayburn House Office Building on Capitol Hill March 25, 2015 in Washington, DC. Wheeler faced a tough line of questioning from the committee's Republicans about the FCC's recent move to regulate broadband Internet service like a utility using Title II of the Communications Act. (Photo by Chip Somodevilla/Getty Images)

Ajit Pai: Still the Lies


WC has pointed out earlier than Federal Communications Commission Chair Ajit Pai is a documented serial liar. Well, he’s still at it, but this time he’s made the mistake of taking on the New York Times. The Times made a Freedom of Information Request to the FCC, seeking the FCC’s web server logs for the dates around…

Horse Blinkers for Everyone


Back in May 2014, WC wrote on this blog: An American football field is 6,400 square yards. That’s 8,294,400 square inches. But a Creationist who subscribes to Bishop Ussher‘s calculation of the age of the earth would focus exclusively on about 11 square inches in one corner of the football field – about 3.3 inches on a side…

By The New York Times | Sources: Special Inspector General for Afghan Reconstruction (U.S. government data); FDD’s The Long War Journal (analysts’ data) Notes: U.S. government data is as of May 15, 2018, and analysts’ data is as of May 16, 2018. District boundaries are as of 2014.

Vietnam Redux: The War in Afghanistan


It’s been seventeen years since George W. Bush ordered the U.S. invasion of Afghanistan. 2,200 Americans have died in an effort to oust Muslim extremists from the “Graveyard of Empires.”1 The war isn’t going well for the U.S. So the United States is lying about it. The sense of deja vu is overwhelming and deeply concerning.…