Opening Argument – Reporters and Sources: Look to Politics, Not Law, for Protection

National Journal

"The reporter’s constitutional right to a confidential relationship with his source stems from the broad societal interest in a full and free flow of information to the public. It is this basic concern that underlies the Constitution’s protection of a free press, … because the guarantee is not for the benefit of the press so much as for the benefit of all of us."

Opening Argument – Did Bush, Cheney, and Powell Deliberately Mislead Us?

National Journal

Democrats are in full cry about what Los Angeles Times columnist Robert Scheer calls President Bush’s "egregious deception in leading us to war on phony intelligence." Sen. Edward Kennedy of Massachusetts asserted in October: "Before the war, week after week after week after week, we were told lie after lie after lie after lie." Sen. John Kerry of Massachusetts, who voted to authorize the war, says, more cautiously, that Americans were "misled," especially by Vice President Cheney.

Opening Argument – Ted Kennedy’s Excellent Idea: Disclosing Admissions Preferences

National Journal

Sen. Edward Kennedy of Massachusetts and other Democrats want to require universities that take federal money to disclose detailed statistics on the economic status and race of the alumni relatives they admit. The purpose is to dramatize that affluent whites are the main beneficiaries of "legacy" preferences and pressure universities to end them.

Opening Argument – Ashcroft and Congress Are Pandering to Punitive Instincts

National Journal

"When the gates of the prison open, the path ahead should lead to a better life," President Bush said in his State of the Union address. In proposing a $300 million program to help the 600,000 inmates released from prison each year re-enter society, he called America "the land of the second chance."

Opening Argument – Bush’s Immigration Plan: A Step In the Right Direction

National Journal

"Metaphorically each rich nation can be seen as a lifeboat…. In the ocean outside each lifeboat swim the poor of the world…. What should the lifeboat passengers do? … Suppose the 50 of us in the lifeboat see 100 others swimming in the water outside, begging for admission to our boat…. We could take them all into our boat, making a total of 150 in a boat designed for 60. The boat swamps, everyone drowns. Complete justice, complete catastrophe."

Opening Argument – The Supreme Court Needs To Rule on’Enemy Combatants’

National Journal

What power has the government to detain and interrogate American citizens and others whom it suspects of links to foreign enemies but cannot criminally prosecute without harming its ability to gather intelligence? And what rights have such people to challenge the government’s claims that they are "enemy combatants"?

Opening Argument – Asbestos Litigation: EvidenceOf Massive Corruption?

National Journal

"Asbestos litigation has become a malignant enterprise which mostly consists of a massive client-recruitment effort that accounts for as much as 90 percent of all claims currently being generated, supported by baseless medical evidence which is not generated by good-faith medical practice, but rather is primarily a function of the compensation paid, and by claimant testimony scripted by lawyers to identify exposure to certain defendants’ products."

Opening Argument – Should the Supreme Court Clean Up Its Own Mess?

National Journal

Overshadowed by the December 10 decision upholding the McCain-Feingold campaign finance law was an important oral argument that morning over whether the Supreme Court should arrogate to itself vast new powers to redraw every congressional district in the nation. The goal would be to clean up the incumbent-entrenching, polarizing, gerrymandered mess that redistricting has become, or at least to strike down partisan gerrymanders so extreme as to mock majority rule.

Civil Wars

Newsweek

The Rev. Ron Singleton’s door is always open. That way, when the Methodist minister of a small congregation in Inman, S.C., is counseling a parishioner, his secretary across the hall is a witness in case Singleton is accused of inappropriate behavior. (When his secretary is not around, the reverend does his counseling at the local Burger King.) Singleton has a policy of no hugging from the front; just a chaste arm around the shoulders from the side. And he’s developed a lame little hand pat to

The Rev. Ron Singleton’s door is always open. That way, when the Methodist minister of a small congregation in Inman, S.C., is counseling a parishioner, his secretary across the hall is a witness in case Singleton is accused of inappropriate behavior. (When his secretary is not around, the reverend does his counseling at the local Burger King.) Singleton has a policy of no hugging from the front; just a chaste arm around the shoulders from the side. And he’s developed a lame little hand pat to console the lost and the grieving. The dearth of hugging is "really sad," he says, but what is he going to do? He could ill afford a lawsuit.

Dr. Sandra R. Scott of Brooklyn, N.Y., has never been sued for malpractice, but that doesn’t keep her from worrying. As an emergency-room doctor, she often hears her patients threaten lawsuits–even while she’s treating them. "They’ll come in, having bumped their heads on the kitchen cabinet, and meanwhile I’ll be dealing with two car crashes," she says. "And if they don’t have the test they think they should have in a timely fashion, they’ll get very angry. All of a sudden, it’s ‘You’re not treating me, this hospital is horrible, I’m going to sue you’."

Opening Argument – December 10:A Worrisome Day for the Freedom of Speech

National Journal

The Supreme Court was probably right to uphold the two most publicized provisions of the Bipartisan Campaign Reform Act of 2002. The first bans large, potentially corrupting gifts of soft money to the major political parties at the behest of members of Congress and other federal officials. The second bans any use of business corporation or labor union money to buy broadcast ads naming federal candidates close to the time of a federal election.