MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Judicial Activism

Judicial Activism and Lawfare in Big Sky Country

What in the heck is going on in Montana? A slightly-edited version of this essay first appeared in The Federalist as “How ‘America’s Worst Court’ Intimidates Elected Officials To Fight Judicial Reform,” on August 28, 2024 (here). Thanks to Real Clear Policy (here), How Appealing…

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 Lawyers’ War on Law

This essay originally appeared in the pre-digital magazine The American Enterprise (published by the American Enterprise Institute) in March 2001. Written over 21 years ago in the wake of the 2000 election dispute in Florida, which was resolved in Bush v. Gore, I think my take has held up pretty …

Not So Unexpected Consequences

In pursuit of flattery from the Left, Justice Gorsuch went badly astray, with predictable consequences. This essay originally appeared in Law & Liberty, on February 10, 2021 (here). Thanks to Tennessee Conservative News (here) and Instapundit (here)! “Sometimes small gestures can have unexp…

Revisiting William O. Douglas

Attempting to portray the quintessential judicial activist as a victim of political skullduggery is like putting lipstick on a pig. It’s still a pig. This essay originally appeared in Law & Liberty on June 22, 2020 (here). Thank you, Instapundit (here)! Properly done, studying history is a …