Author Archives: James J Heaney

The Affordable Care Act is Safe (even with Justice Barrett)

by James J Heaney Posted on 29 September 2020

If only the Republicans had actually had a decent idea for replacing it! As the nomination of Judge Amy Coney Barrett to the Supreme Court proceeds, Barrett’s opponents have developed a powerful argument for getting Americans to join the opposition: … Continue reading →

Posted in Mere Opinion | Tagged , , , | Comments Off on The Affordable Care Act is Safe (even with Justice Barrett)

Originalism vs. Textualism

by James J Heaney Posted on 27 September 2020

One popular critique of originalism. (Source unknown.) A couple of days ago, I mentioned offhandedly that “originalism” and “textualism” are not the same thing. Then I moved on. A couple of readers have asked me to expand on this. What’s … Continue reading →

Posted in Mere Opinion | Tagged , , , | Comments Off on Originalism vs. Textualism

Wait, What’s a “Textualist”?

by James J Heaney Posted on 22 September 2020

Very, very broadly, the nation is divided into two camps on the substantive questions surrounding judicial nominations. Roughly half the nation supports textualism, and the other half supports the living tree doctrine. I doubt most people could actually name these doctrines, but it … Continue reading →

Posted in Mere Opinion | Tagged , , | Comments Off on Wait, What’s a “Textualist”?

Five Kinds of Argument about Judicial Nominations (and Whether They Matter)

by James J Heaney Posted on 21 September 2020

There are several types of arguments about nearly all judicial nominations in the modern United States. Given the debate over filling Justice Ruth Bader Ginsburg’s seat, it is worth sorting out what those types are: 1. The Substantive Arguments: These … Continue reading →

Posted in Mere Opinion | Tagged , , , , , , , , | Comments Off on Five Kinds of Argument about Judicial Nominations (and Whether They Matter)

Amy Coney Barrett’s Constitutional Canards Redux

by James J Heaney Posted on 19 September 2020

About a year ago, on Facebook, I shared a lecture given by Judge Amy Coney Barrett of the 7th Circuit Court of Appeals, noting that: (1) it was an excellent lecture, and (2) she could well be the next Associate … Continue reading →

Posted in Mere Opinion | Tagged , , | Comments Off on Amy Coney Barrett’s Constitutional Canards Redux

Covid Weather Report for Minnesota: 19 September 2020

by James J Heaney Posted on 19 September 2020

OVERALL: As we enter a third straight month of a stable, low plateau in covid cases, it seems safe to say that what Minnesotans are doing to combat covid-19 is working, and we should continue doing it. We should also … Continue reading →

Posted in Mere Opinion | Tagged , , , | Comments Off on Covid Weather Report for Minnesota: 19 September 2020

Covid Weather Report for Minnesota: 2 September 2020

by James J Heaney Posted on 2 September 2020

Over the past few weeks, I’ve been working on my opus And The War Came, about how America’s political institutions are considerably more fragile than widely believed. Since covid figures have been flat as a pancake for a while, I … Continue reading →

Posted in Mere Opinion | Tagged , , , , | Comments Off on Covid Weather Report for Minnesota: 2 September 2020

And The War Came

by James J Heaney Posted on 23 August 2020

EDITOR’S NOTE: A few weeks ago, I was looking for caulk on one of the high shelves in my garage, when I found a stack of about a hundred loose pages, held in place by a brick. I had never … Continue reading →

Posted in Mere Opinion | Tagged , , , , , , , | Comments Off on And The War Came

Covid Weather Report for Minnesota: 12 August 2020

by James J Heaney Posted on 12 August 2020

Thanks for your patience. I was on vacation last week. We went up north to the Brainerd area to a cabin resort we favor. It was weird doing everything socially distanced and/or outdoors, but we got through the week with … Continue reading →

Posted in Mere Opinion | Tagged , , , , | Comments Off on Covid Weather Report for Minnesota: 12 August 2020

Covid Weather Report for Minnesota: 28 July 2020

by James J Heaney Posted on 28 July 2020

OVERALL: For about the last month, Minnesota’s covid epidemic has been trending in the direction of a “second peak”. However, this week, that trend stalled out. By any measure, cases this week climbed much less than they did in recent … Continue reading →

Posted in Mere Opinion | Tagged , , , , | Comments Off on Covid Weather Report for Minnesota: 28 July 2020