The Sources Cited by the Supreme Court in Bruen

Originally published on Reason.com This post lists all the sources cited by the majority opinion in New York State Rifle & Pistol Association v. Bruen. The cites provide useful guidance to lower courts for analyzing Second Amendment cases. Since the Supreme Court’s June 2022 Bruen decision, government lawyers, with the assistance of gun prohibition lobbies, have been […]
Here’s What a Truly Conservative Supreme Court Would Do

A truly conservative-activist majority would strike down a range of state and federal economic regulations as violating due process. Gone would be minimum wage laws, maximum hour rules, price controls of any kind.
A Further Response to Prof. Ablavsky on the Indian Commerce Clause

We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
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.
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.
1937-1944: How the Supreme Court Re-wrote the Constitution – the Complete Series

This series explains THE central event in the conversion of a constitutional federal government into the present unlimited “monster state.”
Biden’s pool of potential SCOTUS nominees hurts diversity rather than promotes It

If Biden truly cared about judicial diversity, instead of ruling out males and non-blacks, he’d rule out Harvard and Yale.
Understanding the Constitution: Income taxes, other taxes & the 16th Amendment

Congress could impose income taxes before the 16th amendment.
Amnesty International Brief Against Right To Bear Arms

Originally published on Reason.com As the U.S. Supreme Court considers whether to enforce the Second Amendment right to “bear arms” in New York State Rifle & Pistol Association v. Bruen, an amicus brief from Amnesty International argues that doing so would violate international law. In this post, I’ll examine the arguments in the AI brief. Back in […]
Twitter v. Trump, Part 3: Trump’s best ‘free speech’ claim against Twitter

If the plaintiffs actually do uncover systematic efforts by the Biden administration and other Democratic officeholders to suppress freedom of speech and freedom of the press, this will be the most egregious abuse-of-power scandal in recent times.
How the media misrepresent our liberal-leaning Supreme Court

The cases show that the Roberts court is committed to the case precedents through which the liberal 20th century justices re-wrote the Constitution.
The liberal Supreme Court: A review of the recent term

The court doesn’t have a “conservative majority.” In constitutional cases at least, it leans toward the liberal side.