Lies law professors tell
[A] whole generation of law students has been trained to think that the 19th century courts were heartless tools of malicious capitalists, and that enlightened reform came only with the virtuous 20th century “progressives.”
John Paul Stevens’ greatest legacy
By clarifying constitutional amendment law, Stevens made it more accessible to citizens who now seek to use it to cure our dysfunctional federal government.
Here are 206 wicked corporations to boycott
Will their next brief urge the court to dispense with republican government and declare a monarchy?
The verdict is in: We do not have a “conservative Supreme Court”
The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.
New SCOTUS case does more than pave the way to reverse Roe v. Wade
Justice Clarence Thomas’s concurrence probably received the most media attention. It is an essay on when the Supreme Court should follow precedent or overrule it. It helps lay the basis for reversing Roe v. Wade . . . .
Knife Ban and Vagueness Case at Supreme Court Conference
Originally published on Reason.com On Thursday, the U.S. Supreme Court conference will consider whether to hear an important case on vagueness, Copeland v. Vance (docket page, with links to all briefs). As an earlier post by Eugene noted, the case arises from unusual knife control laws in New York City and New York State. This post provides some […]
The Supreme Court re-affirms Indian treaty originalism
Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
What would America look like with an originalist Supreme Court?
Originalism is the prevailing method of interpreting almost all legal documents. An originalist is simply a person who believes we should use the same principles to interpret the Constitution
Justice Ginsburg’s possible incapacity and the case for term limits
A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.
Supreme Court’s New Second Amendment Case
Originally published on Reason.com For the first time in nearly a decade, the Supreme Court has voted to hear argument in a Second Amendment case. Although the schedule has not been set, oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York could take place this Spring. The […]
Still more proof: the Supreme Court is not “conservative”
Yet, true to form, some media outlets continue to claim the court has a “conservative majority.”
Supreme Court Should Clarify Second Amendment Test
Originally published on Reason.com Today I filed an amicus brief in support of the cert. petition in Mance v. Whitaker. The case is a challenge to the federal ban on interstate handgun sales. But more importantly, it is a good vehicle for the Court to clarify how lower courts should review Second Amendment challenges. Background: In […]
