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 »
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 »
Mass shootings tend to happen in so-called “gun free zones” where law-abiding people are disarmed. . . . [Yet] all the justices on the court voted for this misguided decision.
The Montana Supreme Court’s Anti-Firearms Decision was Wrong Read More »
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 case is a small victory against the administrative state.
The Supreme Court’s ‘American Hospital’ case: A view of the DC swamp Read More »
The Colorado River Commission was one of the most successful conventions of states ever held. Its achievement debunks uninformed claims that interstate conventions are “unprecedented” or cannot follow a pre-set agenda.
State over federal power: The 100th anniversary of the Colorado River Commission Read More »
As the Founders recognized, the human impulse toward mob behavior is not going to disappear. But reforms can limit its influence.
The Founders and the Twitter Mob Read More »
Being an originalist is not a good career move [but] we do it out of love.
Constitutional Originalists Love America Read More »
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 »
The left advances crazy conspiracy theories not because they are true, but for political goals.
Left-wing conspiracy theories Read More »
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 »
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 »
