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  • Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

    Justice Thomas again shows he’s the Supreme Court’s only consistent originalist0

    • February 25, 2019

    Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.

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  • Legislative Reapportionment: The Supreme Court Steps Back0

    • June 5, 2016

    This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its political preferences on the states. In Evenwel v. Abbott, the justices held while the U.S. Constitution requires states to apportion their legislatures solely by population, the Constitution does not prescribe a particular way of counting

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  • A "Prestige Journal" Effort to Rebut Rob0

    • August 3, 2015

    Most of the “prestige” law journals have shown no interest in publishing my articles, including those that later turned out to be influential. This is not surprising, since year after year those journals remain firmly in the hands of the legal Left. But the prestige journals have shown considerable interest in publishing articles that cite

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  • Supreme Court’s Order Great for TABOR0

    • July 4, 2015

    For a video in which Rob and Justin Longo talk about the Arizona Legislature case and why it is good for TABOR, click here. A slightly abbreviated form of this article first appeared in the Denver Post. The U.S. Supreme Court’s recent order in the case against Colorado’s Taxpayer Bill of Rights (TABOR) is a

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  • The Most Radical Decision Ever?0

    • June 29, 2015

    This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in

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  • New Study Shows Campaign Disclosure Rules Violate First Amendment0

    • March 3, 2015

    This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application

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