I’m going to have a little fun with Kevin Drum whose list of reasons Texas Governor Rick Perry won’t win largely reads to me like reasons why he can. Everyone looks good before they get into the race. Drum writes that “He’ll start to look distinctly more human” when the national media starts taking a […]
Adam Serwer
Anti-Shariah Legislation In Michigan
Michigan is the site of one of the Shariah-panic crowd’s favorite incidents. Supposedly, a group of Christians passing out literature outside an Arab festival in Dearborn were silenced in accordance with Sharia law. Conservative mouth breather John Hinderaker claimed that “local authorities now enforce Shariah in preference to the Constitution of the United States.” The […]
Relitigating Torture, Ctd.
Ben Wittes responds to my post on the Rumsfeld torture cases: And Gabor Rona of Human Rights First, in an email yesterday, told me that he “must take issue with your endorsement of your reader’s ambivalence about suing Rumsfeld as an attempt to ‘relitigate.’ Fact is, you can’t ‘relitigate’ that which has not yet been […]
Don’t Call It A Caliphate
The Shariah-panic crowd is convinced of the far-fetched theory that American Muslims are involved in a sinister, secret plot to infiltrate American political institutions in order to establish Taliban-style Islamic law in the United States. But what if there actually was a religious ideology holding that only people of a certain strain of belief should […]
Mandate Optimism
Conservative George Washington University law professor Orin Kerr has bravely predicted the outcome of the case against the individual health care mandate once it goes to the Supreme Court, and he seems pretty confident it’ll be upheld: Here are my guesses. Justices Breyer and Ginsburg are pretty obvious votes for the mandate, as they dissented […]
On The “Submissive” Question
There’s a lot of chatter about the decision of the moderators in last night’s Republican debate to ask Michele Bachmann “As president, would you be submissive to your husband?” But for all the focus on whether or not the question is sexist, the real problem is that asking it mostly helps the candidate without shedding […]
The ACA Mandate Isn’t “Unprecedented”
The latest health care ruling from the 11th Circuit, striking down the individual mandate, uses the word “unprecedented” to describe the mandate more than a dozen times*. The opinion concludes that “It cannot be denied that the individual mandate is an unprecedented exercise of congressional power.” The 2-1 ruling is significant in that it marks […]
Relitigating Torture
I have to admit I’m confused by this reader email posted by Ben Wittes on the recent Donald Rumsfeld torture civil cases, which he says ” totally represents my own uncertainty” on the matter. On the one hand, there are some pretty carefully-thought-out legal arguments as to why the lawsuits should be dismissed: Extension of […]
Due Process In Last Night’s Debate
Debates are often a decent barometer of ideology, since candidates fall all over themselves to ingratiate themselves to their respective bases. Republicans have long since coalesced around a position of denying individuals accused of terrorism due process, but it’s still remarkable to watch Republican presidential candidates reject due process out of hand. Here’s Minnesota Congresswoman […]
Bachmann And Lincoln
There’s a pretty vigorous discussion thread on my Bachmann post, but I want to follow up with a couple of points. Some folks argued that the fact that Bachmann endorsed the authors in question doesn’t inherently mean she shares their distorted view of slavery. This is a mistake, as Ryan Lizza explains that to whatever […]

