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Archive of Articles in the "The Supreme Court" Category

A Governmental Reform Agenda To Constrain Future Trumps

[ Posted Wednesday, October 28th, 2020 – 16:57 UTC ]

President Donald Trump has gotten away with all kinds of things while in office, blowing apart many traditions, conventions, and presidential precedents. He has gotten away with it, for the most part, because very little of it is actually written into law. They're all just a sort of an unwritten code of conduct that previous presidents have all (mostly) followed. But if Democrats do win the "trifecta" next Tuesday and wind up in control of both houses of Congress and the White House, they will be in a position to do something about this sorry state of affairs, in order to prevent any future presidents from getting away with such egregious behavior.

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Electoral Math -- The Final Stretch

[ Posted Monday, October 26th, 2020 – 18:38 UTC ]

Welcome to our penultimate Electoral Math column. Next Monday, I will post my own final picks for the 2020 presidential election, for better or for worse. And I promise, in the final column, there will be no tossup states at all -- I'll make a prediction even for those I've got to flip a coin to decide.

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Trump Shockingly Normal In Debate

[ Posted Thursday, October 22nd, 2020 – 21:48 UTC ]

The second (and final) presidential debate tonight was as different from the first as it could possibly be. That will likely be the biggest takeaway for both the press and the public. President Donald Trump -- for the most part -- actually behaved himself and didn't try to dominate every single minute. Joe Biden debated the way he really wanted to in the first debate. It was, in a word, normal. Which is why this will be the big headline tomorrow, because whenever Trump does anything even halfway normal, it is big news.

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Electoral Math -- The Race Tightens A Bit

[ Posted Monday, October 19th, 2020 – 18:14 UTC ]

Once again, it is time for our Monday rundown of the state-level polling in the presidential race. Since last week, Donald Trump has returned to the campaign trail in a big way, after his quick recovery from COVID-19. His rallies are (as usual) packed shoulder-to-shoulder with nary a mask in sight, even though we're on the leading edge of the next big wave of infections across the country (indeed, in many of the states Trump is travelling through).

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Friday Talking Points -- Battling Townhalls Show A Clear Choice

[ Posted Friday, October 16th, 2020 – 16:56 UTC ]

The second wave of the pandemic now appears to be upon us. Yesterday, over 60,000 new coronavirus cases were reported in the U.S. That number has been heading upward all week, in fact. And it's higher than it has been since the last wave hit (some call the impending wave the third wave, due to the two previous spikes, we should point out). And we are less than three weeks away from the presidential election.

This, more than any other factor, may become the key reason Donald Trump loses. Sure, we're all tired of hearing about the pandemic (and have been for quite some time). But then Trump caught it, which relaunched it back onto center stage in the political arena. Although he quickly recovered, for once Trump could not manage to change the storyline. And now it looks like the fall/winter wave is here. This will mean COVID-19 will, once again, lead most news coverage. For the next week (at the very least), stories will again appear about overwhelmed doctors and hospitals. It will be on everyone's mind.

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Are Republicans Getting Worried?

[ Posted Thursday, October 15th, 2020 – 16:27 UTC ]

Are Republicans getting worried about the outcome of the upcoming election? This is a real possibility at this point, given the polls. After all, if the Democrats have a very big night three weeks from now, Republicans may be cast out into the wilderness for at least the next two years. And just like the robins return in the spring, if there is a Democratic president and the Democrats control both houses of Congress, Republicans are going to try everything in their power to sabotage Joe Biden's first two years in office. They did so before, back in 2009, when Mitch McConnell told his fellow Senate Republicans that their only goal was to "make Barack Obama a one-term president." That didn't really work out for them, but they did manage to claw back majorities in Congress.

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From The Archives -- Supreme Court's Lack Of Religious Diversity

[ Posted Wednesday, October 14th, 2020 – 18:57 UTC ]

Since we're smack in the middle of a Supreme Court judicial nomination fight, and since her own religion has come up, I thought it would be a good time to re-run the following column. I wrote it back in 2014, so a few things have changed.

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Electoral Math -- No Sympathy Polling Bump For Trump

[ Posted Monday, October 12th, 2020 – 17:58 UTC ]

It's Monday, so it is time once again to take a look at the state-level polling for the presidential race. I have to point out as a reminder, right up front, that no matter what the national-level polling shows, it simply does not matter to how we actually elect our presidents, as both Al Gore and Hillary Clinton can easily attest to. This is why I never even mention these numbers in this column series.

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Friday Talking Points -- Is Trump Trying To Lose?

[ Posted Friday, October 9th, 2020 – 17:55 UTC ]

It seems that it is now time to ask a very strange question: Is Donald Trump actually trying to lose the election?

As astounding a question that is, there are really only two answers to it: yes or no. Either Trump is intentionally torpedoing his chances of re-election, or he is just trying to re-run his 2016 playbook in the hopes that it'll produce the same miraculous victory for him. But either way, what is becoming more and move evident is that President Donald Trump is currently losing. Bigly.

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Vice-Presidential Debate Thoughts

[ Posted Wednesday, October 7th, 2020 – 21:14 UTC ]

Two down, two to go.

Continuing my "I watch them so you don't have to" commitment, tonight I watched the vice-presidential debate between Vice President Mike Pence and Senator Kamala Harris in full. Boiled down to one thought, my main takeaway was that I seriously doubt that tonight changed any voter's mind out there.

I thought both candidates did OK -- not great, not bad, just OK. I thought that they both had a gameplan and pretty much stuck to it, and I thought both had weak moments as well as strong. All in all, I'd largely call it a draw, although my personal bias would have to give Kamala Harris the edge, in the end.

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