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…
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…
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,…
Democrats have been in conniptions ever since Mitch McConnell and Donald Trump, carefully abiding by the letter of the law, changed the direction of the United States Supreme Court. After a series of rulings overturning Roe v. Wade, enhancing gun…
Seventeen members of Congress, all Democrats, were arrested for allegedly blocking a street in front of the Supreme Court on Tuesday. The actions were part of a protest regarding the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization,…
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…
Supreme Court Justice Brett Kavanaugh was forced to leave through the back door of Morton’s Steakhouse in Washington, D.C., on Wednesday night after protesters showed up outside the restaurant and demanded he be kicked out. ShutDownDC, a left-wing activist group…
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…