As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
Understanding the Constitution: Why it doesn’t protect the unborn Read More »
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
Understanding the Constitution: The Great Forgetting Read More »
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 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 »
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 »
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 »
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 »
Middle Americans are the givers. The professors and bureaucrats . . . are the takers. Gratitude is a rare commodity: It is human nature for the takers to resent the givers
University toxicity: America should stop nursing the viper 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 »
