Understanding the Constitution: Why it doesn’t protect the unborn
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: The Great Forgetting
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
Would a federal Law legalizing abortion survive the Supreme Court?
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.
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
