Posts by Herman Schwartz

The Supreme Court’s Boumediene v. Bush decision earlier this month on the treatment of alleged enemy combatants at the Guantanamo Bay, Cuba, signals the end of the Bush administration’s effort to set the presidency above the rule of law. The long-term significance of this defeat, however, now turns on whether Sen. John McCain (R-Ariz.) or [...]

Democratic presidential candidates rarely mention the courts, while Republicans talk about them all the time. The reason is obvious: Both sides believe talking about the courts raises socially incendiary issues like abortion and gay marriage that can hurt Democrats and help Republicans.
Democrats needn’t be so frightened. Most Americans now worry more about health care, Social [...]