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…

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,…

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…

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…

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…

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…

We are a couple weeks into the post-Dobbs world, and chaos has yet to envelop the land. A new Dark Age has not descended across America. The U.S. has not been transformed into The Handmaid’s Tale or similarly imagined progressive…

The media is trying to mau-mau Republicans into a selective and unprincipled originalism, and it appears to be working. After the collapse of Roe v. Wade, many Republican pols signaled that they had no interest in overturning other nakedly unconstitutional…

This past week and a half has been truly remarkable. From a conservative perspective, and a legal conservative perspective more specifically, there has not been a condensed period of such consistent, meaningful winning in my entire adult lifetime. The Supreme…

America started anticipating the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization as soon as Justice Samuel Alito’s draft was leaked in early May. Public radio and media heavies sounded the tocsin for weeks in advance, but still had…