Will bellbottoms, platform shoes, and disco enjoy a similar revival? Don’t count on it; only some retro fashions qualify as “woke.” A slightly revised version of this essay first appeared in Law & Liberty on February 28, 2020 (here). Thank you, Power Line! The Equal Rights Amendment, a …
Constitutional Law
An Original Case for Originalism
An originalist turns the tables on natural law theorists A slightly revised version of this essay first appeared in Law & Liberty on December 17, 2019 (here), as “Originalism as a Model of Political Communication.” Thanks to How Appealing, Real Clear Policy (here), Real Clear Book…
Explaining Originalism
Justice Neil Gorsuch offers up a national civics lesson This essay originally appeared in Law & Liberty on September 20, 2019 (here). Thank you, How Appealing, The Originalism Blog (here), and Real Clear Policy (here)! America has produced many noteworthy economists, but few were as influenti…
Capra Meets Kafka: Political Intrigue Too Bizarre for Fiction
Once-placid judicial confirmations have become a brutal proxy for the take-no-prisoners culture war A slightly revised version of this essay first appeared in Law & Liberty on August 2, 2019 (here). Thanks to Power Line and How Appealing! In Justice on Trial, a devastatingly-thorough journali…
George Will’s Libertarian Turn
The self-serving pursuit of extra-constitutional natural law theories makes for strange bedfellows This essay originally appeared in Law & Liberty on July 12, 2019 (here). Thanks to How Appealing, Power Line, Instapundit (here), The Originalism Blog (here), National Review (here), Real Clear …
The Latest Challenge to Race Discrimination at UT
Undeterred by the unfortunate Fisher decision, Ed Blum’s organization is challenging racial preferences in admissions by the University of Texas (through the subterfuge of a “holistic” process) in a new lawsuit in state court, under the Texas Constitution. Texas Lawyer ran a sto…
Redlining in Reverse
“Adversity scores” are the latest gimmick to justify racial preferences in college admissions This essay first appeared in Law & Liberty on May 23, 2019 (here). Thanks to Real Clear Policy, The College Fix (here), the James Martin Center for Academic Renewal (here), and the Foundation for…
Bar Wars: Extending Janus to Bar Associations
Lawyers across the country challenge mandatory bar dues; Texas Attorney General Ken Paxton courageously defends their First Amendment rights A condensed version of this essay first appeared in City Journal on May 6, 2019 (here). Thanks for the links in Real Clear Policy and Instapundit (here)! My…
“Bad Originalism”: Harry Jaffa’s Toxic Constitutional Legacy
The notoriously contentious scholar left behind a trail of foolish notions and bizarre invective. Why do his followers persist with this counterproductive nonsense? Thank you to Real Clear Policy and The Originalism Blog (here) for the links. And to LewRockwell.com (here). And to Paul Gottfried i…
Still Searching for the Judicial “Holy Grail”
The eternal quest for the missing constitutional clause that will provide the answers the academy wants A slightly condensed version of this essay first appeared in Law & Liberty on April 9, 2019 (here). Thank you, Real Clear Policy (here)! And The Originalism Blog (here). When I studied Cons…