Douglas Kmiec
Douglas Kmiec
Douglas W. Kmiec is an American legal scholar, author, and former U.S. ambassador. He is the Caruso Family Chair and Professor of Constitutional Law at Pepperdine University School of Law. Kmiec came to prominence during the United States presidential election, 2008 when, although a Republican, he endorsed Democrat Barack Obama. In July 2009, he was nominated by President Obama to serve as U.S. Ambassador to Malta. He was confirmed by the Senate and served for close to two years as...
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It is a Reagan personnel officer's dream come true. It is a graduation. These individuals have been in study and preparation for these roles all their professional lives.
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Suddenly, a blockage that had existed for at least 50 years was removed. What the Reagan administration was able to do was recover the original understanding of the religion clauses. Neutrality toward religion does not mean secularity. It means evenhandedness.
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The answer is no. The judge has no moral responsibility for the laws that his community enacts.
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William H. Rehnquist is by nature quiet and humble. His legacy is that he has shown us how to disagree with civility.
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I think what happens in this process is there is an initial search and so much work is required to satisfy the competing constituencies that once a list is assembled, few people want to give it up. Some of the names on the list are almost venerable by virtue of age and longevity. There is a certain comfort in going with what you know, but it may not be the best.
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I think it's unfortunate that we're still at a point in our nation where we have to ask these questions.
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Broad claims of authority and broad claims of illegality are equally suspect.
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The Rehnquist court ... attempted to restore dual sovereignty and the conception that states have functions that cannot be displaced by the federal government.
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Edith Jones would in all likelihood trigger strong opposition.
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It makes almost no sense to come into a department and ignore the people who have the most experience. And, it's a sure recipe for disaster because it will build up resentment from people who have made the department of justice their life's work and it will make it less possible for the president to get his policies implemented,
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Primarily, the case is about the United States wanting to be treated no better, but certainly no worse, than the way that every law firm and business firm and potential employer for law students is treated when they come to campus.
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You would have to show that your vote is diluted by recounting. That seems unlikely given all the recounting there has been in the past
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We should look for a court with a lowered profile, a court that tries to resolve cases but one that does not discover new constitutional rights.
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So judges are responsible for abiding by the morality in their own lives, but they are not responsible for imposing that morality in judicial decision-making.