One reason judges make mistakes about the Constitution
Sometimes judges must rely on biased, untrained people for information on how to interpret our Constitution.
One reason judges make mistakes about the Constitution Read More »
Would a federal Law legalizing abortion survive the Supreme Court?
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
Would a federal Law legalizing abortion survive the Supreme Court? Read More »
The Constitution’s rules for relations with Indian tribes: part II
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
The Constitution’s rules for relations with Indian tribes: part II Read More »
The Supreme Court’s recent—and sweeping—Indian Law cases: part I
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
The Supreme Court’s recent—and sweeping—Indian Law cases: part I Read More »
The new Supreme Court: not conservative, but no longer liberal
The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
The new Supreme Court: not conservative, but no longer liberal Read More »
Why overturning Roe v. Wade causes so much rage
For the pure political operative, the truth of a statement or its value as public policy is entirely irrelevant. For the pure political operative, issues are just weapons.
Why overturning Roe v. Wade causes so much rage Read More »
The deeper significance of Justice Thomas’s 2nd amendment opinion
Justice Thomas’s opinion affirms that the scope of the right to keep and bear arms is fixed by the words of the amendment. The law is reflected in those words, not in some judge’s idea of what is important.
The deeper significance of Justice Thomas’s 2nd amendment opinion Read More »
The Supreme Court’s ‘American Hospital’ case: A view of the DC swamp
The case is a small victory against the administrative state.
The Supreme Court’s ‘American Hospital’ case: A view of the DC swamp Read More »
Fact Check: No, overruling Roe v. Wade would not endanger other rights
Overruling Roe would have no effect on any of these other cases.
Fact Check: No, overruling Roe v. Wade would not endanger other rights Read More »
Why the Leak of the Draft Decision on Roe v. Wade?
A likely motive is to recreate what happened in Montana in 1972: to expose a potential swing justice to political pressure.
Why the Leak of the Draft Decision on Roe v. Wade? Read More »
The Fascinating Supreme Court Opinions in the Vaello Madero Case
Justice Thomas punctured a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
The Fascinating Supreme Court Opinions in the Vaello Madero Case Read More »
A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack Read More »