The Supreme Court’s Latest Voting Rights Case
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil […]
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The Defense of Marriage Act Case: A Carcass for Constitutional Vultures
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the
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Justices Make It Tougher for State Universities to Discriminate, But Not Tough Enough
(This is the third of several short commentaries on recent Supreme Court decisions.) The Supreme Court’s recent decision in Fisher
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Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than
Justice Thomas, Quoting Rob Natelson, Had the Constitution Correct In the Arizona Citizenship-for-Voting Case
NOTE: This is the first of several short commentaries on recent Supreme Court decisions. The Supreme Court recently ruled that
How the Courts have Clarified the Constitution's Amendment Process
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme
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A Response to the “Runaway Scenario”
NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law,
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The Myth of the “Conservative Supreme Court”
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
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Celebrating Justice O’Connor: Parade Magazine Muffs the Job
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was
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The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think
If you have any doubt about the ability of the political Left to set the agenda in this country, look
Supreme Court has chance to end state university ethnic discrimination
By granting certiorari in Fisher v. University of Texas, the Supreme Court has a chance to correct one of the
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Yes, the Supreme Court’s Medicaid Decision was Good Contract Law
In NFIB v. Sebelius (the Obamacare decision) a 7-2 majority voided that part of the law that required states to
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