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 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 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 Founders and the Twitter Mob
As the Founders recognized, the human impulse toward mob behavior is not going to disappear. But reforms can limit its influence.
Constitutional Originalists Love America
Being an originalist is not a good career move [but] we do it out of love.
Fact Check: No, overruling Roe v. Wade would not endanger other rights
Overruling Roe would have no effect on any of these other cases.
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.
The Fascinating Supreme Court Opinions in the Vaello Madero Case
Justice Thomas punctured a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
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
SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda
The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.
Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion
[The court should restore the Ninth Amendment. Enforcing it would not protect abortion . . . rather, it would reduce the federal government to its constitutional limits.
How states can work together without the feds
States contemplating interposition usually should act in cooperation with other states. This essay outlines how methods of cooperation work.
