Dominic Cummings is right, says Professor James Alexander: the idea that civil servants are the 'guardians of the constitution' is pernicious in the extreme. But who then should play such a lofty role?

The post Who is the Guardian of the Constitution? appeared first on The Daily Sceptic.

 

Georgetown law Professor Steve Vladeck is one of the leading critics of the conservative majority on the Supreme Court. But in an insightful recent post on his substack, he outlines key reasons why "court expansion" is a bad response to its flaws. The cure is likely to be worse than the disease:

[I]t seems to me that those who are fully onboard the expansion-or-bust train should have to do more than simply assert that having four new Democratic appointees on the Court in 2029 would be a self-evidently "good" thing. If nothing else, proponents of expansion should have to answer the following four questions:

1. How do we avoid touching off a race to the bottom, where each time one party controls the House, Senate, and presidency, it expands the Court to ensure an ideologically and politically sympathetic majority?
2. If a race to the bottom is unavoidable, how do we avoid further (and potentially fatal) erosion of public confidence in the Court—which will quite transparently be little more than a lever of power for whichever party last had such a trifecta?
3. If eroding public confidence in the Court is a feature, and not a bug, how do we insulate against the same erosion of public confidence in lower federal courts?
4. What is the case for why expansion is a better way to achieve the desired reforms than alternatives that would (or, at least, should) avoid many of these forward-looking concerns?

He adds that court-packing could easily "permanently undermine judicial review as an institution." The rest of his piece (which is behind a paywall) offers far from reassuring answers to these questions.

I have offered similar criticisms of court-packing in a long series of articles and blog posts, most recently in a June Lawfare article  where I explained (among other things) why the Supreme Court's recent decision in Louisiana v. Callais doesn't justify packing, and in a July UnPopulist article critiquing a court-packing proposal advanced by Andy Craig. In these pieces, I explain why the Court's record of checking dangerous abuses of government power - though not without serious flaws - is considerably better than many critics claim. In addition, I argue that court-packing is likely to undermine effective judicial review - not only by the Supreme Court, but also by lower courts.

Like Vladeck, I think some of the issues that concern critics of the Court can be more effectively addressed in other ways. For example, in the Lawfare article, I explain how Congress can fix the flaws of the Callais decision by banning or restricting gerrymandering. It could also enact a binding ethics code for the justices. Justice Alito was wrong to suggest otherwise, back in 2023. That said, if your main goal is a sweeping reversal of much of the Court's recent jurisprudence, there may be no easy way to achieve that quickly without court-packing or something like it. I would argue that any benefits that might achieve are outweighed by the enormous costs of destroying judicial review.

In addition, if your objection to the Court's recent decisions is that they often don't do enough to constrain unconstitutional actions by other branches of government or by the states, court-packing is likely to make that problem worse, not better. Destroying judicial review won't enforce tighter constitutional constraints on the executive or bring back Roe v. Wade. To the contrary, it would largely destroy any hope of doing so.

In another recent piece, I assessed "non-packing" rationales for increasing the size of the Supreme Court. There, I argue that these rationales are mostly weak; and, to the extent they have merit, there are better ways to address them than an expansion that amounts to court-packing. I even outline possible ways to increase the size of the Court without creating an opportunity for court-packing (this would require allowing the party that doesn't hold the White House to pick some of the new justices).

The post Steve Vladeck's "Hard Questions About Court Expansion" appeared first on Reason Magazine.

Sacrifica ciò che è scomodo, mai il progetto. Il “pal-washing” in azione.

Segue nostro Telegram.

Un copione già noto

Il 9 ottobre 2026 il Comitato norvegese per il Nobel ha assegnato il Premio per la pace a Navanethem Pillay, giurista sudafricana di 85 anni, già giudice della Corte penale internazionale e Alta commissaria Onu per i diritti umani. La motivazione parla di una persona che ha aperto la strada a un ordine giuridico globale più completo. Il presidente del Comitato, Jorgen Watne Frydnes, ha aggiunto che il premio è un messaggio per chi attacca e mina il sistema internazionale e le sue istituzioni. Il verdetto è dichiaratamente politico, ed è su questo piano che va discusso.

La stessa figura che nel 2011 avrebbe «abbattuto» Gheddafi, spianando la strada al saccheggio del petrolio libico e alla schiavitù dei migranti africani, ora «abbatterebbe» Netanyahu, e preparerebbe così la riabilitazione di Israele. Il filo logico non sarebbe la morale né la pace, ma l’agenda dell’Open Society di George Soros: sacrificare i soggetti diventati scomodi, mai l’essenza del progetto. Qualcuno l’ha battezzata «pal-washing». La domanda di fondo è seria, perché chiede se dietro premi e giurisdizioni dell’ordine liberale ci sia una regolarità.

Occorre sottolineare che il copione è già noto. Vi ricordate quando Barack Obama ricevette il premio Nobel per la pace, inaugurando guerre su guerre? O vi ricordare i personaggi in cerca d’autore come Machado, Mohammadi, o i difensori dei criminali Ucraini? Ma andiamo per ordine.

 

Atto Primo: la Libia

Nel febbraio 2011 Pillay, Alta commissaria, chiese al Consiglio per i diritti umani un’azione vigorosa per fermare le violenze e chiamare i responsabili a risponderne; il Consiglio condannò le violazioni e istituì una commissione d’inchiesta. Il passaggio successivo toccò al Consiglio di sicurezza: il rinvio alla CPI con la risoluzione 1970, poi la 1973, approvata con dieci voti favorevoli e cinque astensioni (Brasile, Cina, Germania, India, Russia). Nessuno sostiene che Pillay abbia deciso la guerra. Conta la sequenza: il linguaggio dei diritti umani aprì la porta, quello della protezione dei civili autorizzò la forza, e l’operazione scivolò verso il cambio di regime. Già in aprile Lavrov accusava la NATO di eccedere il mandato, e un ministro francese ammetteva che il cambio di regime avrebbe richiesto un nuovo voto.

Poi i costi. Nel 2017 l’OIM documentò aste di migranti subsahariani nel sud della Libia, venduti per somme tra 200 e 500 dollari. Il nesso con il crollo dello Stato dopo il 2011 è la lettura più plausibile, benché la fonte documenti il fenomeno e non la sua causa. Il prezzo lo pagarono la Libia e i migranti; la cornice giuridica ne uscì, sul piano formale, intatta, anche se la controversia sul mandato avrebbe poi pesato sui veti di Mosca e Pechino in altri dossier.

Atto Secondo: Bibi

Il 21 novembre 2024 la Camera preliminare I della CPI emise mandati d’arresto per Netanyahu e per l’ex ministro della Difesa Gallant, per crimini di guerra e crimini contro l’umanità. Pillay aveva lasciato la Corte nel 2008, ma ha presieduto la Commissione d’inchiesta Onu che il 16 settembre 2025 ha concluso che Israele ha commesso genocidio a Gaza. Qui il «pal-washing» trova il suo meccanismo. Il diritto penale internazionale lavora su persone: un imputato, un’imputazione, un periodo. Se il caso si chiude con la sorte di un leader, si apre una cesura narrativa, il prima e il dopo di un uomo, dopo la quale lo Stato può presentarsi come reintegrato. La Libia offre l’analogia: là il caso si chiuse con la caduta di un uomo.

I limiti del percorso giocano a favore della lettura. La Corte non ha una polizia e l’esecuzione dei mandati dipende dagli Stati parte; la Commissione non è un tribunale e non parla a nome dell’intera Onu; lo stesso Comitato, riferisce AFP, ha detto che spetta a una corte stabilire se vi sia genocidio. Il premio non produce effetti giuridici, lo sappiamo, però produce legittimazione per un circuito che promette giustizia e non può garantirla.

Dobbiamo, poi, considerare che dinamiche del genere le abbiamo già viste più volte all’interno dell’ordine globalista che domina in Occidente. L’Open Society Foundations si presenta come il maggiore finanziatore privato al mondo di gruppi per giustizia, democrazia e diritti umani, attivo in oltre cento paesi, e Pillay ha ricevuto lo Stockholm Human Rights Award, lo stesso che nel 2011 è andato a Soros e a Neier. Sembra proprio che si ripeta di nuovo il pattern della agenda sorosiana, fatta di fondazioni, ONG, tribunali, commissioni e burocrazie che condividono un lessico e un orizzonte, quello di un ordine liberale da perfezionare e mai da rimettere in discussione. Chi opera dentro quel lessico può denunciare un governo, un leader, perfino uno Stato, ma non può contestare i presupposti dell’ordine che gli dà legittimità.

Alcuni obietteranno che la Commissione di Pillay attribuisce la responsabilità a Israele come Stato, non soltanto ai suoi leader, il che contraddice l’idea di un’operazione puramente personalizzante. Il secondo è la reazione. Netanyahu ha accusato il Comitato di aver perso la bussola morale, il Ministero degli Esteri israeliano ha parlato di una grottesca strumentalizzazione del premio, e Washington ha annunciato sanzioni contro la CPI poche ore dopo l’annuncio. Tutto vero. Ma avrebbe senso e valore se il sistema occidentale non fosse marcio fin dalle sue fondamenta, se il suo sistema giuridico funzionasse, ma così non è, sotto nessun aspetto (e abbiamo avuto già sufficienti dimostrazioni – non scordiamoci anche il caso Epstein).

Se nei prossimi dodici mesi la caduta politica di Netanyahu verrà presentata come chiusura del caso, anziché come una tappa di un procedimento che riguarda lo Stato, il «pal-washing» guadagnerà peso. Se i procedimenti proseguiranno oltre la sua persona, e se gli Stati parte eseguiranno i mandati, forse ne perderà. Allo stato delle prove la tesi è plausibile e, fino a smentita comprovata, questo è l’ennesimo Nobel della non-Pace, che non possiamo chiamare “guerra”.

On a recent episode of the Bulwark podcast, journalist Ron Brownstein described the election as a contest between “the wave versus the wall.” The wave being voter anger and President Donald Trump’s plummeting popularity. The wall being structural impediments to voters’ voices, such as gerrymanders and the Republican Party’s stark spending advantage. Now we know […]

The post Don’t let Musk and the billionaires buy America’s elections appeared first on Asia Times.

Sacrifice the inconvenient, never the project. “Pal-washing” in action.

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A familiar script

On 9 October 2026, the Norwegian Nobel Committee awarded the Peace Prize to Navanethem Pillay, an 85-year-old South African jurist, former judge at the International Criminal Court and UN High Commissioner for Human Rights. The citation speaks of a person who has paved the way for a more comprehensive global legal order. The Committee’s chair, Jorgen Watne Frydnes, added that the prize is a message to those who attack and undermine the international system and its institutions. The verdict is avowedly political, and it is on this level that it must be discussed.

The very same figure who, in 2011, is said to have ‘toppled’ Gaddafi, paving the way for the plundering of Libyan oil and the enslavement of African migrants, would now ‘topple’ Netanyahu, thereby paving the way for Israel’s rehabilitation. The underlying logic would be neither morality nor peace, but the agenda of George Soros’s Open Society: to sacrifice those who have become inconvenient, never the essence of the project itself. Some have dubbed it ‘pal-washing’. The fundamental question is a serious one, for it asks whether there is a pattern behind the prizes and jurisdictions of the liberal order.

It must be emphasised that the script is already familiar. Do you remember when Barack Obama received the Nobel Peace Prize, whilst launching war after war? Or do you recall figures in search of a cause such as Machado, Mohammadi, or the defenders of Ukrainian criminals? But let us proceed in order.

Act One: Libya

In February 2011, Pillay, the High Commissioner, called on the Human Rights Council to take vigorous action to stop the violence and hold those responsible to account; the Council condemned the violations and established a commission of inquiry. The next step fell to the Security Council: referral to the ICC via Resolution 1970, followed by Resolution 1973, approved with ten votes in favour and five abstentions (Brazil, China, Germany, India, Russia). No one claims that Pillay decided to go to war. What matters is the sequence of events: the language of human rights opened the door, that of the protection of civilians authorised the use of force, and the operation gradually shifted towards regime change. As early as April, Lavrov was accusing NATO of exceeding its mandate, and a French minister admitted that regime change would have required a new vote.

Then there are the costs. In 2017, the IOM documented auctions of sub-Saharan migrants in southern Libya, sold for sums ranging from 200 to 500 dollars. The link with the collapse of the state after 2011 is the most plausible interpretation, although the source documents the phenomenon rather than its cause. Libya and the migrants paid the price; the legal framework emerged, formally speaking, intact, even if the controversy over the mandate would later weigh on the vetoes of Moscow and Beijing in other matters.

Act Two: Bibi

On 21 November 2024, Pre-Trial Chamber I of the ICC issued arrest warrants for Netanyahu and former Defence Minister Gallant, for war crimes and crimes against humanity. Pillay had left the Court in 2008, but chaired the UN Commission of Inquiry which, on 16 September 2025, concluded that Israel had committed genocide in Gaza. This is where ‘pal-washing’ comes into play. International criminal law deals with individuals: a defendant, a charge, a period of time. If the case concludes with the fate of a leader, a narrative break occurs – the ‘before’ and ‘after’ of a man – after which the state can present itself as restored. Libya offers an analogy: there, the case concluded with the fall of a man.

The limitations of the process work in favour of this interpretation. The Court has no police force and the execution of warrants depends on the States Parties; the Commission is not a court and does not speak on behalf of the entire UN; the Committee itself, according to AFP, has stated that it is up to a court to determine whether genocide has taken place. The award has no legal effect, as we know, but it lends legitimacy to a system that promises justice yet cannot guarantee it.

We must also bear in mind that we have already seen dynamics of this kind on numerous occasions within the globalist order that dominates the West. The Open Society Foundations presents itself as the world’s largest private funder of groups working for justice, democracy and human rights, active in over one hundred countries, and Pillay received the Stockholm Human Rights Award, the same prize that went to Soros and Neier in 2011. It certainly seems that the pattern of the Soros agenda is repeating itself once again – an agenda comprising foundations, NGOs, tribunals, commissions and bureaucracies that share a common lexicon and worldview: that of a liberal order to be perfected and never called into question. Those operating within that lexicon may denounce a government, a leader, or even a state, but they cannot challenge the underlying assumptions of the order that grants them legitimacy.

Some will object that Pillay’s Commission attributes responsibility to Israel as a state, not merely to its leaders, which contradicts the idea of a purely personalised operation. The second point concerns the reaction. Netanyahu accused the Committee of having lost its moral compass; the Israeli Foreign Ministry spoke of a grotesque exploitation of the prize; and Washington announced sanctions against the ICC just a few hours after the announcement. All true. But it would make sense and have value if the Western system were not rotten to its very core, if its legal system were functioning properly, but this is not the case, in any respect (and we have already seen sufficient evidence of this – let us not forget the Epstein case either).

If, over the next twelve months, Netanyahu’s political downfall is presented as the conclusion of the case, rather than as a stage in proceedings concerning the state, ‘Pal-washing’ will gain traction. If the proceedings continue beyond his person, and if the State Parties execute the warrants, perhaps it will lose ground. Given the current evidence, the argument is plausible and, until proven otherwise, this is yet another ‘Non-Peace’ Nobel Prize – one we cannot call ‘war’.

The man charged with murdering Ann Widdecombe and targeting Nigel Farage, Joshua Kerry, had "an extreme Left-wing mindset" and hostility to Reform, a court has heard.

The post Man Charged With Murdering Ann Widdecombe and Targeting Nigel Farage Was Motivated by Extreme Left-Wing Mindset and Hostility to Reform, Court Hears appeared first on The Daily Sceptic.

As one advocate warned India’s Supreme Court on Monday that “this country will burn” unless action is taken to stop what thousands of protesters have denounced as an illegal purge of voters by the head of the Election Commission of India, the court demanded accountability from Prime Minister Narendra Modi’s government. Chief Justice Surya Kant […]

The post Indian Supreme Court demands government answers on voter purge appeared first on Asia Times.

No one knows how the US Supreme Court will rule in Suncor v. Boulder, the case that will kick off the court’s fall term next week and will likely decide whether the city and county of Boulder, Colorado, will be able to put oil giants ExxonMobil and Suncor Energy on trial for deceiving the public for decades about the climate harms of fossil […]

The post Big Oil fears the evidence of its deliberate climate lies appeared first on Asia Times.

Not long after the death of his father, Derek Askey, a new father himself, is selected as an alternate juror for a murder trial. The experience upends the typical vulnerability and openness of his life: Askey, under court order, cannot speak with his wife about the random violence heaped upon him, yet nevertheless worries about what his infant son “received from me” during his wordless days in the courtroom. He must withstand the gruesome details of the criminal trial, yet will not be allowed to participate in the jury’s deliberations. His personal essay is a challenging exploration of enforced silence, and the ways in which we seek to unburden ourselves through voice.

Before the trial, the other would-be jurors and I were asked our names, our occupations, whether we had spouses or children, and whether we could be impartial regarding the case, in which a man was being accused of murdering his girlfriend. At first I was curious to hear other people’s answers—Oh, wow, that guy fixes airplanes?—but curiosity quickly gave way to numb shock at how many people’s lives had been touched by domestic violence or murder. Or both. People you see every day. People who fix airplanes. One man said that, when he was little, his dad had beaten his mother; if he was being honest, he didn’t think he could be unbiased. The man was dismissed, and a woman was called up from the uncomfortable wooden pews to face the same interrogation. She had been attacked herself, she said. Some women had sisters, sisters-in-law, or best friends who’d been hit by a spouse or boyfriend.

A man was found guilty of human trafficking, benefiting from proceeds of trafficking, pimping, disobeying a court order, and obstruction of justice, a judge says.

A man was found guilty of human trafficking, benefiting from proceeds of trafficking, pimping, disobeying a court order, and obstruction of justice, a judge says.

The US Supreme Court on Monday night rejected a bid by the Trump administration to keep onerous US Postal Service rules for mail-in ballots in place, which voting-rights defenders said risked depriving millions of people of the franchise in this year’s midterm elections.

After a back-and-forth legal battle over the USPS rules that dragged on for months, the nation’s highest court issued the 7-2 ruling without elaborating on its legal reasoning, though right-wing Justices Samuel Alito and Clarence Thomas issued dissents in favor of President Donald Trump’s side.

The ruling in USPS v. California was in response to a legal challenge brought by the League of Women’s Voters, the attorneys general of numerous states, and others who argued that newly-announced rules by the Postal Service regarding mail-in ballots, changes prompted by an executive order issued by Trump, would prevent people from having their ballots counted and cause chaos for those trying to administer this year’s elections.

A victory for democracy, a defeat for election deniers. https://t.co/MKjfKmgyTv

— David Crowley (@DavidCCrowley) September 15, 2026

In response to the ruling, the plaintiffs’ legal team said the decision was “a critical step to ensuring free and fair elections this November by maintaining access to mail voting for millions of eligible voters across the United States and lifting the dire threat that the Postal Service would disenfranchise them.”

“Mail voting is safe, secure, and reliable—and the Trump administration has presented no evidence to the contrary, as the courts have repeatedly recognized,” the statement continued. “We will remain vigilant in countering threats to free and fair elections and ensuring that every eligible voter is able to cast a ballot and have it count.”

“Today’s decision is a victory for our democracy and a powerful affirmation of the rule of law,” said California Attorney General Rob Bonta in a statement. “The stakes in this litigation could not have been higher.”

Virginia Kase Solomón, president and CEO of Common Cause, was among the other pro-democracy advocates who welcomed the decision.

“Today’s decision is a major win for the millions of everyday Americans who count on vote-by-mail—our seniors, service members, busy parents, rural voters, and voters with disabilities,” said Solomón in a statement. “Vote-by-mail is safe, proven, and vital; even the president uses it. This executive order was a blatant power grab designed to silence voters and undermine our elections, but it failed because the people and the law were on our side. Our Constitution is clear: states run our elections, and voters choose their leaders—not the other way around. No administration can strip the people of their power.”

Michael McNulty, senior policy director for Issue One, a nonpartisan group that works to defend free and fair elections, also welcomed the ruling, but said vigilance would still be necessary going forward.

“The fight to preserve states’ authority to administer elections is far from over,” warned McNulty.

“President Trump continuously and falsely claims fraud in mail-in voting without evidence,” he added. “Despite voting multiple times with this method, he remains obsessed with centralizing control over elections to tilt the playing field. However, for now, one piece of that centralization effort is blocked, and it ensures that mail-in voting for the midterms won’t be disrupted.”

What do privilege and accountability look like for an AI agent on the wrong side of the law? Evan Ratliff rounds up a collection of challenging cases in which AI agents have functioned as co-conspirators in criminal acts, offered courtroom statements on behalf of deceased victims, and perpetrated deeds that, for humans, are considered to be illegal. Legal teams have already sought to seal their clients’ chats with AI agents, likening the exchanges to conversations with an attorney. Ratliff’s feature is an omnibus, and you’ve likely encountered one or two of his stories via other outlets. Here, the concerns he gathers together reveal the breadth of challenges facing the American legal system.

AI chatbots are already serving as confidants and co-conspirators, assisting and even encouraging humans acting on their darkest impulses. They’re occupying ersatz roles as therapists and lawyers, relationships our legal system typically shields with confidential privilege. They’re producing new kinds of criminal evidence and offering up the beguiling possibility of preventing crime before it happens. And as they’re given more autonomy across our digital and physical systems, they’re even gaining the ability to commit crimes themselves, absent specific human instruction — and, perhaps, in defiance of it.

Earlier this year, the US Supreme Court heard an appeal from death row inmate Terry Pitchford, who was denied relief by the Mississippi Supreme Court after his attorneys claimed Black people were illegally struck from his jury. Investigative reporter Hannah McAlilly delves into the case, and into the wider problem of racial prejudice in the selection of juries in Mississippi:

A prosecutor struck a Black woman for having “red dyed hair” and in another, a prosecutor struck a Black man because he had “a ponytail, a sort of strange hair design.” That prosecutor told the judge he was concerned the juror might identify too closely with the defendant, who also was of a similar age. “Both have unusual hair styles,” the prosecutor said. 

Prosecutors struck Black jurors who, they said, seemed angry, irritated or inattentive. A Black woman was struck because the prosecutor didn’t like her “vibe.” Another, who worked a night shift before showing up to jury selection, was struck for being “fidgety” and looking “angry.” Another was struck because she “frowned a lot.” 

Dr. Uzma Khan sought an urgent hearing of her contempt petition over the government’s decision to transfer the PTI founder to PIMS instead of Shifa International Hospital.

The post Supreme court rejects early hearing in PTI founder’s hospital case appeared first on BOL News.

When Jessica Black was 16 years old, she told a story to North Carolina police detectives that helped convict five friends of murder. Decades later, she’s still trying to correct the record. Matthew Bremner’s feature for Financial Times is a brisk tick-tock of efforts by Black and her incarcerated friends to overturn criminal convictions they claim were built on disturbing intimidation tactics.

The investigators do not accept these firm denials. To them, they seem likely to be the initial stories of a group of boys who know more than they are saying. As officers move in and out of interview rooms, carrying information from one interrogation to the next, the pressure intensifies. They tell the teenagers that their friends are already telling their side of it, that they should too. Under North Carolina law in 2002, police are permitted to exaggerate, even to suggest they have evidence they do not possess. There is no rule requiring a parent or other adult to be present while 14- and 15-year-olds are questioned. For most of their time in these rooms, the five boys are alone. When I interviewed him in late 2025, Tolliver told me that a detective asked him to hold out his arm. “That’s the vein,” he told him. “This is where the lethal injection would go.”