Birthright Blunders
The Supreme Court made mistakes, but the Trump administration also was at fault for adopting the wrong strategy.
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Flowers Foods v. Brock: Does It Signal a Future Curb in Congress’s Overuse of Its Commerce Power?
It is possible—just possible—that SCOTUS took this easy case as a precursor to narrowing Congress’s economic powers?
Chiles v. Salazar: SCOTUS Voids Another Colorado Attack on the First Amendment
In the Chiles case, Colorado officials claimed their enactment was a health measure. The justices likely recognized that this may have been a pretext.
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The Tariff Case—A Lost Opportunity
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
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Justice Thomas gives Rob his 41st SCOTUS citation
Supreme Court justices have relied on Rob’s research 41 times since 2013, one of the highest numbers of any legal scholar.
Justice Thomas gives Rob his 41st SCOTUS citation Read More »
Rob Garners 40th Supreme Court Citation
Supreme Court justices have cited Rob Natelson’s research articles by name 40 times.
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The Constitution and the Trump Tariffs
This originally was a two part essay appearing in the Epoch Times on November 19 and November 20, 2025. Are tariffs always taxes? When does
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Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s Executor
Myers and Humphrey’s Executor untethered the presidency from the Constitution.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.
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Why Issues of Birthright Citizenship Are So Difficult
What makes this issue so difficult is that all the major positions have evidence to support them.
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Rob Natelson reviews the recent Supreme Court term with Jon Caldara
Rob Natelson reviews the recent Supreme Court term with Jon Caldara at this link.
Rob Natelson reviews the recent Supreme Court term with Jon Caldara Read More »
Unpacking the Supreme Court’s ‘Universal Injunction’ Decision
The court found that the statute granting courts power to grant injunctions did not include universal injunctions.
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