Justice Clarence Thomas’s brand of originalism is “going further,” and to the Left’s dismay he is now on track to set the Supreme Court’s longevity record. This essay originally appeared on Law & Liberty, on September 28, 2026 (here). Thanks to Instapundit (here), Power Line, How Appealing...
Constitutional Law
The Left Has Weaponized the American Legal System
The attorney discipline system is the latest cudgel being used to suppress political dissent and opposition Thanks to the Tennessee Star (here)! I have written for years about how the Left has obtained control of the legal system—law schools, law firms, state bar associations, the ABA, legal...
The Fight Over Birthright Citizenship Has Just Begun
“Right of the soil” or illegal alien invasion? Two MAGA legislators have introduced a solution to “jus soli” called the Citizenship Act Thanks to the Tennessee Star (here)! One prescient commentator (Professor Jonathan Adler, now at William & Mary Law School) predicted…
Saving the Court: A Millennial Civics Lesson
At a time when the Supreme Court is caught in a partisan cross-fire, an insider has written an informative and much-needed guide to the Supreme Court—in millennial-ese. This essay originally appeared in the Acton Institute’s Religion & Liberty Online, on July 14, 2026 (here). Thanks t…
John Roberts’ Birthright Citizenship Hubris
John Roberts wants to be remembered as the opposite of Roger Taney; instead, he will be compared to Harry Blackmun, the author of Roe v. Wade. Thanks to Power Line, Real Clear Policy (here), the Tennessee Star (here and here), Hot Air (here), Michael Patrick Leahy (here), and Steve Bannon’s…
Explaining Unanimity on SCOTUS
Especially in a Second Amendment case, this was superficially a puzzle, but the unique facts provide the answer. In addition to blogging, and some free-lance writing, I appear weekly on Michael Patrick Leahy’s show as a “legal analyst.” Yesterday, we discussed the unanimous SCOT…
Disparate Impact Faces Well-Deserved Extinction
“Disparate impact,” a scam theory concocted by the EEOC and—sadly—upheld by the U.S. Supreme Court (under Nixon-appointee Chief Justice Warren Burger!) in Griggs v. Duke Power Co. (1971), may be on its way to well-deserved extinction. “Disparate impact” treats statistical imbalances t…
Lawyers Have First Amendment Rights–Even John Eastman
SCOTUS must overturn Eastman’s disbarment to prevent a miscarriage of justice and to uphold the integrity of our legal system. Thanks to Power Line and Ace of Spades HQ (here)! I was on The Tom Woods Show recently to discuss the State of California’s disbarment of John Eastman (here).…
John Eastman’s Disbarment in California Is an Outrageous Violation of the First Amendment Warranting Supreme Court Review
Attorneys have First Amendment rights, just like everyone else. Thanks to Power Line, Real Clear Policy (here), the Tennessee Star (here), Instapundit (here), Ace of Spades HQ (here and here), and The Tom Woods Show (here)! John Eastman’s only hope for keeping his law license in California is a…
Democrats Want to Pack the Supreme Court With More KBJs
One is too many; adding four more by “packing” the Court (as Democrats vow they intend to do) would destroy the rule of law. Thanks to Real Clear Policy (here)! In Louisiana v. Callais, objectors had filed a lawsuit in Louisiana to challenge the map drawn by the legislature to comply …