The Worst Supreme Court Decisions in History is the title of a new book I am writing. It begins by identifying what makes a Supreme Court decision bad, an issue on which reasonable people can disagree. For me, the most…
The U.S. Supreme Court finally heard oral arguments in Moore v. Harper last week. The case involves a mundane constitutional issue concerning the definition of “legislature” as used in the elections clause. Yet it has produced panic among Democrats and…
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,…
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…
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 1973, Roe v. Wade, along with its companion case Doe v. Bolton, overrode every state law on abortion then on the books, whether liberal or restrictive. These decisions effectively legalized abortion on demand for all nine months of pregnancy…
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…
The Supreme Court has certainly been on a roll as it has released the decisions from the now-ended current term. There was the paring back of restrictions against government dollars to flow to religious organizations in the event parents would…
Justice Elena Kagan begins her West Virginia v. EPA dissent by appealing not to the Constitution or precedent but to an imagined future of 4.6 million annual heat-related deaths, stronger hurricanes, drought, and other calamities familiar to connoisseurs of the…
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…