Author: nick

As a candidate for president, Donald Trump infamously promised to end endless wars and be the president of peace. In office, President Trump has launched illegal regime change wars in Iran and Venezuela; bombed at least five other countries; threatened war against Cuba, Greenland, Mexico, Panama, and Colombia; and supported Israel’s genocide in Gaza and war in Lebanon. Despite a two-week ceasefire and diplomatic negotiations with Iran, Trump has deployed thousands of additional troops to the Middle East, while “Secretary of War” Pete Hegseth has made renewed threats to attack Iran’s civilian infrastructure, widely considered a war crime. For the…

Read More

Yesterday, Virginians voted by a narrow margin to allow the state to deviate from its normal redistricting rules. The plan is to redistrict state congressional districts to move the state from 6-5 Democrat/Republican to 10-1. It’s a crude partisan move, in response to similarly crude partisan moves by Republican states. That’s not why I call the referendum awful. Rather, it’s because the referendum was written in such a way as to entirely obscure the purpose of the vote. Moreover, instead of using neutral language, the referendum stated that its purpose is to “restore fairness in the upcoming elections.” Obviously, whether…

Read More

When exactly did the shadow docket begin? People are now arguing about what was the first relevant shadow docket case, but those disagreements turn on stated and unstated assumptions. The answer depends on how you define the shadow docket. I need to give some more thought to exactly what the “shadow docket” is. My colleague Stephanie Barclay suggests that the shadow docket actually began on New Year’s Eve 2013 when Circuit Justice Sotomayor granted emergency relief to the Little Sisters of the Poor. I wrote about this moment at some length in Chapter 15 of my 2016 book, Unraveled: Obamacare, Religious…

Read More

According to Israel’s new death penalty law, Palestinian children, like adults, could, in practice, find themselves facing the gallows. This might take some by surprise, or even be dismissed as an exaggeration. Sadly, it is neither. The death penalty law, passed by Israel’s Knesset on March 30, mandates capital punishment for Palestinians convicted of carrying out deadly attacks. The legislation, often referred to as the ‘Death Penalty for Terrorists’ law, requires that executions be carried out swiftly, within 90 days, while sharply limiting avenues for appeal or commutation, according to human rights organizations including Amnesty International and Human Rights Watch.…

Read More

It was 250 years ago that Adam Smith published The Wealth of Nations. In it, he looked back on the contact that various distant peoples had had with Europeans, following the discoveries of Christopher Colombus and Vasco de Gama. The results, by Smith’s time in 1776, had been tragic. Smith writes: “To the natives…all the commercial benefits which can have resulted from those events have been sunk and lost in the dreadful misfortunes which they have occasioned.” Contact can and should, Smith says, be mutually advantageous: “By uniting, in some measure, the most distant parts of the world, by enabling…

Read More