Justice Stephen Breyer needs to get with the program. At least that’s what many on the left think after last week. In remarks made for Harvard Law School, the Supreme Court justice threw cold water on progressives’ desire to expand…
We often see liberty as in contest with law. Laws tell us what not to do, thereby restricting our freedom to act. But the Supreme Court on Thursday showed us how law protects liberty. While most eyed the Supreme Court…
“You don’t have the votes. You don’t have the votes.” So sing Thomas Jefferson and James Madison at their rival, Alexander Hamilton, in Lin Manuel Miranda’s hit musical. Hamilton, serving as the first Treasury secretary, at that point lacked the…
The ballot battles have gone judicial. In response to COVID-19, litigation rages over what changes states should make to their election laws to accommodate voters. Nowhere do these lawsuits matter more than in the Midwestern swing states that may prove…
Who is Amy Coney Barrett? According to our discussion so far of her SCOTUS nomination, we may need to ask which one. For there seems to be two in our public discourse: the cultural symbol — the “Notorious ACB,” and…
Justice Ruth Bader Ginsburg’s death has landed like an atomic bomb on a trench war. Only six weeks remain until the 2020 general election, and the battle over replacing the progressive icon is on. President Trump already has promised to…
How do you defend something when its original justification no longer exists? Arguments for the Electoral College suffer from this problem. That problem lurked beneath the Supreme Court’s decision Monday in Chiafalo v. Washington. By a 9-0 vote, the Court…
Sixty-six years ago this month, the Supreme Court handed down one of its most famous decisions, Brown v. Board of Education. Unanimously, the justices struck down legally enforced public school segregation based on race. This outcome rightly brings the Court…
Accidents happen. We often say this to reassure someone after a mistake. It comforts them, because it treats the error as an exception, not the rule. In a world of accidents, competence, reason, and thus self-control can still comprise the…