Moore v. Harper and the Left’s Litigation Machine
A win for the North Carolina legislators in Moore would be a loss for the fringe legal theories running amok in Mark Elias’ orbit.
303 Creative: The First Amendment Returns to Court
On Monday, the Supreme Court will hear oral argument in 303 Creative LLC v. Elenis.
An Inside Look at the Work of Tennessee’s New Attorney General
I recently sat down with Jonathan to discuss his new job and, of course, the Constitution.
Minnesota Needs Jim Schultz for Attorney General
For Minnesotans who are concerned about the rising tide of crime and lack of respect for the rule of law, the choice could not be more clear: Elect Jim Schultz ...
Did Today’s Oral Argument Foretell the Endpoint of Racial Discrimination in Campus Admissions?
The oral arguments in both of today’s Students for Fair Admissions cases highlighted the offensiveness to the Constitution inherent in the use of race in university admissions.
Overestimating Chief Justice Roberts
True institutionalism is that which keeps the Court within the bounds of the law.
Biden Pays Back Liberal Dark Money Groups with Rikelman Nomination
Biden could not have nominated a litigator more central to the cause of advancing judicial activism on abortion than Rikelman.
A Partisan Hit Job from “Nonpartisan Watchdog” Fix the Court
We need to hold our justices to a consistent standard, not create a draconian standard for certain justices and a flexible one for others.
Justice Jackson’s Argument against Race Neutrality Is Faux Originalism
Jackson’s position seems to be that line-drawing based on race is not only permissible but required under the law.
The Supreme Court is Back—and so are the “Waters of the United States”
This case should not have been necessary, but it is an instructive example of how a court’s failure to set forth clear, administrable rules can be expected to keep generating ...