MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Constitutional Law

Inventing Modern Libel Law

To the old adage that “fans of laws and sausage should never watch either one being made,” one can add the often-unappealing background of landmark activist Supreme Court decisions.    This article first appeared in Law & Liberty on July 26, 2023 (here). Thanks to Power Line, In…

The “Shadow Docket”: Sour Grapes or Sinister Plot?

The once-adored Supreme Court faces the Righteous Brothers’ romantic plight: “And now you’re starting to criticize little things I do.” This essay originally appeared in Law & Liberty on February 21, 2023 as “Legal Progressives Have Lost That Lovin’ Feelin’&#8221…

Ending the Stranglehold of Public Employee Unions

A popular nonpartisan author revives a forgotten body of constitutional objections to “collective bargaining” by public servants. Will Americans listen this time? This essay first appeared in Law & Liberty, on January 23, 2023 (here). Thanks to Power Line, Instapundit (here), Real Clear M…

Citizens or Subjects?: Unpacking Judicial Supremacy

It is ironic that some historians outside the legal academy provide a clearer perspective regarding the state of constitutional law than most law professors. This essay first appeared in Law & Liberty on November 2, 2022 (here). Thanks to Power Line and Instapundit (here). Paul D. Moreno has …

The Woke Catechism of Legal Academia

To the consternation of the left, which now dominates legal education, originalism is alive and well—ascendant, in fact. In response, liberals whine and double-down in their overheated denunciations of constitutionalism. This essay originally appeared in Law & Liberty on September 19, 2022 …

The Founders’ Constitution and Its Discontents

Adrian Vermeule’s Common Good Constitutionalism represents his version of the left’s “living Constitution.” Few people will embrace his self-serving theory, which is tailor made to accommodate both his beloved administrative state and integralist moral philosophy—a peculiar combination.…