The clarity of Neil Gorsuch, Trump’s nominee for the Supreme Court

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The New York Times described Donald Trump’s nominee for the Supreme Court as “an Echo of [Antonin] Scalia in Philosophy and Style.” But where the late Justice Scalia’s writings were sarcastic and passive-aggressive, Gorsuch’s are straightforward, logical, and clear. Because he writes often in the first-person, his arguments come across as direct rather than snide or veiled. Let’s … Continued

A Moneyball analysis of Mitch McConnell’s Supreme Court defiance

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Senate Majority Leader Mitch McConnell has vowed not to consider any Supreme Court nominee that President Obama makes. My mathematical analysis shows why: by waiting, McConnell gets a 50% chance of a conservative court, and a 35% chance of an extremely conservative court, for many years to come. This decision is even more important than it … Continued

The passive-aggressive furor of Antonin Scalia

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Antonin Scalia, the Supreme Court Justice who died Saturday, had a reputation as a fierce, incisive, and sarcastic defender of conservative values. Read his most famous opinions and arguments and you’ll find his rhetorical secret: passive voice statements that obscure the boogiemen he rails against. As my tribute to Justice Scalia, here are some quotes … Continued

If you demonize Kentucky clerk Kim Davis, you lose the argument

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You loved my post about how to disagree with people. But are you living it? Case in point: Kim Davis, a county clerk in Kentucky, has defied the Supreme Court and refused to grant marriage licenses to gay couple, based on her interpretation of the bible. I believe this is wrong. You don’t get to … Continued