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…

The game of operator played cross-generationally by Supreme Court justices so warps constitutional jurisprudence that the opinion and the dissent often get it wrong, as they did in Carson v. Makin this week. “Justice [Stephen] Breyer stresses the importance of…

This column doesn’t do a whole lot of gloating over its past prognostications coming true, for a couple of reasons. One being that most of them are derived from common sense, and so our readers often see affirmations of belief…

Over the weekend, Jed Babbin was exactly correct in his characterization of the leak, quite possibly by a Sonia Sotomayor law clerk named Amit Jain if the speculation is correct, of the Supreme Court’s decision in the Dobbs case which…

In 1990, two drug counselors working for a private clinic in Oregon were fired for smoking peyote, which was against the law at the time. However, Alfred Smith and Galen Black were also members of the Native American Church, a…

Conservatives like it when liberal Democrat Supreme Court justices are in their 80s, 90s, or hundreds. That increases the chances such justices will be retiring soon — whether of personal volition or upon being summoned by Heaven to give an…

Dylan Matthews, writing in Vox, poses an excellent question: “Can randomly selected citizens govern better than elected officials?” Who knows? Maybe it’s worth a try. Whether you call it sortition or lottocracy, it’s a very old idea, dating back to…

The U.S. Supreme Court for the second time in two months declined to stop a state vax mandate for healthcare workers pleading religious objections. The court declined to intervene to halt New York’s radical governor, Kathy Hochul, in her stunning denial…