The Court’s conservative majority holds that “affirmative action” is not required—or permitted—in congressional apportionment; the drawing of voting districts does not violate federal law absent intentional discrimination. A version of this essay originally appeared in The American Mind…
Constitutional Law
Alito: A Justice In Full
In the public mind, the taciturn Justice Samuel Alito is the least heralded conservative on the Supreme Court; Mollie Hemingway aims to correct that by revealing the formidable man beneath the robe. This essay originally appeared in Law & Liberty on April 21, 2026 (here). Thanks to Power Line…
Another Monday Morning Report
As covered on the Michael Patrick Leahy radio show and podcast today…. Thanks to the Tennessee Star (here)! A. ABA and ERA: Why is the nation’s largest trade association for lawyers advocating a lawless position regarding a failed constitutional amendment that even judicial activist Ruth …
Scalia: A Colossus on the Court
The Kid from Queens did not single-handedly turn the Burger Court around, or live to see the conservative shift to fruition, but more than anyone else he put the process in motion. This essay appeared in Law & Liberty on February 25, 2026 (here). Thanks to Power Line, Real Clear Books (here),…
Amy Coney Barrett Listens to the Law
This essay first appeared in the Acton Institute’s Religion & Liberty Online (here). Thanks to Real Clear Policy (here), and Ace of Spades HQ (here)! Many Americans wonder if any jurist on the U.S. Supreme Court will ever be able to fill the shoes of the late, great Justice Antonin Scal…
The Preventive State
Responding to periodic exigencies confronting the nation defies reduction to a unitary “jurisprudential framework,” but good faith and common sense usually suffice. This essay originally appeared in Law & Liberty on July 22, 2025 (here). For nearly 60 years, Alan Dershowitz has enjoyed a …
The Affirmative Action Myth
In addition to complying with the Constitution, color-blindness—equality before the law–is a more effective policy for promoting black advancement than the grievance culture of racial preferences. Meritocracy is the crucible for self-improvement. This essay first appeared in Law & Lib…
Solving the Housing Crisis
An accomplished land use litigator displays his disdain for zoning, a century-old practice in use nationwide. What does he have against maintaining nice neighborhoods? Does desiring public safety, low density, and low taxes make one a “NIMBY”? This essay originally appeared in Law & Liber…
Are We “One Nation Under God”?
Some discontents are trying to dissolve the bonds that undergird our national motto: E Pluribus Unum. This is my response to the reply essays in the Law & Liberty forum on nullification. It appeared in Law & Liberty on August 30, 2024 as “E Pluribus Unum” (here). Thanks to Rea…
The Union and its Discontents
Many Americans regard their national government as a hostile “regime.” In a republic, the solution is constructive civic engagement, not futile resistance—unless, of course, the goal is disunion. This article first appeared in Law & Liberty on August 1, 2024 (here) as the lead essay in …