Category: Constitutional Opinions - The American Spectator | USA News and Politics
Constitutional Opinions
Constitutional Opinions
by | Sep 29, 2022

The U.S. Supreme Court begins hearing cases for its new term, following its customary summer recess, on Monday, Oct. 3. If this Court term is anything like the most recent one, conservatives and constitutionalists will rejoice. This most recent term,…

by | Sep 22, 2022

The Supreme Court may have the opportunity to reverse two rulings that have proved nettlesome to conservatives for decades if it grants certiorari to two religious liberty complainants in its fall session. Both petitions for cert were filed within the…

by | Sep 18, 2022

Criticisms of originalism are nothing new. The frequency and intensity of originalism’s critics, however, have multiplied since the latest blockbuster Supreme Court decisions on gun rights and abortion. Berkeley Law Dean Erwin Chemerinsky has added another salvo in his new…

by | Aug 22, 2022

Ryan D. Doerfler and Samuel Moyn, professors at Harvard Law School and Yale Law School, have had it with our Constitution. In fact, they have had it with constitutionalism in general. On Friday, they wrote in the New York Times, “The real need…

by | Aug 21, 2022

Two Harvard Law School professors, Cass Sunstein and Adrian Vermeule, recently published a book with the intriguing title Law and Leviathan: Redeeming the Administrative State. Far from “redeeming” anything, their book actually recounts why administrative law in general and the…

by | Aug 4, 2022

Scores of major corporations filed an amicus brief to the Supreme Court on Monday in support of affirmative action. The two cases at issue, Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina,…

by | Aug 2, 2022

Definitions matter. They matter for gaining true knowledge rather than error. They matter for our capacity to communicate with each other. In law, definitions matter for guarding our rights. If we do not know about whom or what natural justice…

by | Jul 27, 2022

In the hubbub over the Dobbs case overruling Roe v. Wade, many have overlooked the Supreme Court’s decision in West Virginia v. EPA. The case was part of a larger project by legal theorists on the right to cut back…

by | Jul 16, 2022

Whatever else it was, the Dobbs decision was a great day for history. A substantial part of Justice Samuel Alito’s opinion put to rest the claim that abortion had ever been a “right,” let alone one deeply rooted in our…

by | Jul 9, 2022

In one of the most significant Supreme Court terms in memory, in which big wins came down on gun rights and abortion and the environment, conservatives also claimed convincing victories in the three big religious liberty cases that were on…

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