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The False Media Claim about the Supreme Court

CONSTITUTION, Supreme Court | July 1, 2025

The media’s narrative of a “6-3 conservative majority” is obviously defective. But it does serve a purpose . . . .

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Your Guide to This Year’s Constitutional Cases From SCOTUS, Part II

CONSTITUTION, Supreme Court | July 13, 2023

The current bench challenges administrative overreach, but not overreach by Congress.

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Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I

CONSTITUTION, Supreme Court | July 12, 2023

The Supreme Court issued both liberal and constitutionalist decisions.

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Here’s What a Truly Conservative Supreme Court Would Do

CONSTITUTION, ObamaCare, Supreme Court | January 9, 2023

A truly conservative-activist majority would strike down a range of state and federal economic regulations as violating due process. Gone would be minimum wage laws, maximum hour rules, price controls of any kind.

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The new Supreme Court: not conservative, but no longer liberal

CONSTITUTION, Supreme Court | July 11, 2022

The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.

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The verdict is in: We do not have a “conservative Supreme Court”

CONSTITUTION, Supreme Court | July 1, 2019

The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.

The verdict is in: We do not have a “conservative Supreme Court” Read More »

First decision of the Supreme Court Term: a unanimous liberal result

CONSTITUTION, Supreme Court | November 7, 2018

The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .

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The Defense of Marriage Act Case: A Carcass for Constitutional Vultures

CONSTITUTION, Supreme Court | July 21, 2013

(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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The Myth of the “Conservative Supreme Court”

CONSTITUTION, ObamaCare, Supreme Court | January 19, 2013

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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