The Ninth Circuit’s utopian jurisprudential experiment of ignoring human agency predictably ended in disaster. This essay originally appeared in The American Conservative on July 2, 2024 (here). Thanks to Real Clear Policy (here) and Ace of Spades HQ (here)! On June 28, the Supreme Court correc…
Constitutional Law
Constitutional Conservatives Should Recognize That “Nullification” Is a Chimera, Not a Panacea
Serious problems—and the nation is beset by many–require serious solutions. Conservatives should unite in finding meaningful solutions that will work in the real world. Nullification is not among them. Sadly, some on the Right continue to embrace the chimera. Here is one example. The Tent…
Ending the Ninth Circuit’s “Cruel and Unusual Punishment” of America’s Cities
Vagrancy is conduct, not status. Courts should not force communities to tolerate the despoilation of public areas. A slightly-revised version of this essay appeared in Law & Liberty on February 27, 2024 (here). Thanks to How Appealing, National Review‘s The Corner (here), the Ace of Spa…
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’”…
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 …
Elite Lawyers Wage War on America’s Cities
Virtue-signaling “pro bono” litigation is today’s “radical chic”; the ruling class can escape the ensuing chaos in their exclusive enclaves. This article originally appeared in the May/June 2022 issue of The American Conservative, as “Lawyers Cause Homelessness” (here). Than…
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.…