In Abortion Decision, Kansas Supreme Court Empties ‘Natural Rights’ Of Meaning
The Kansas Supreme Court majority’s philosophy of construing ‘what ‘liberty’ and ‘inalienable natural rights’ mean in the real world today’ leaves us with a rule of law as changeable as popular music.
Confirming Kavanaugh Will Not Fix The Problem Of Judicial Supremacy
Even if Brett Kavanaugh turns out to be a tremendous originalist justice, the courts still represent a major threat to the republic.
No, Kavanaugh’s Judicial Originalism Is Not A Pretext For Racism And Sexism
The flawed argument boils down to the idea that the ‘original’ intent of the founding fathers doesn’t matter, because they were imperfect people.
Why It’s Preposterous To Call Brett Kavanaugh A ‘Threat’ To LGBT Americans
What we see in this report is a fear of a truth being revealed: That all of the LGBT lobby’s victories are hollow if the Supreme Court functions the way it was meant.
What This Term’s SCOTUS Decisions Reveal About Neil Gorsuch
On the cases with less political valence the justices can ‘nerd out’ on legal theories and reveal their jurisprudential minds when they know their decisions won’t make the front pages.
Oregon Court Holds Bakers Responsible For How People Feel About What They Say
The Oregon Court of Appeals upheld a $135,000 fine against the owners of a local cake shop who declined to use their artistic skills to create a custom cake for a same-sex wedding.
Why It’s Impossible To Keep Judge Nominations Non-Political
We have divergent interpretive theories that map onto ideologically sorted parties, so is it any surprise that elections are high-stakes for judges?
The Left Brought On The Nuclear Option By Making Judges Political
Eliminating the filibuster for Supreme Court nominees was the natural culmination of a tit-for-tat escalation by both parties. The brinksmanship is all symptomatic of a much larger problem.
Does Gorsuch’s Respect For Precedent Mean He Will Never Strike Roe?
Should pro-lifers who voted for the president because he promised to nominate a judge who would overturn Roe worry it won’t happen?
Cosmopolitan Doesn’t Understand How The Constitution Works
Cosmopolitan’s Jill Filipovic has constructed an argument against originalism that should embarrass even the most disinterested of history students.
What Happens When An Originalist, Textualist, And Evolutionist Walk Into A Courtroom
During Neil Gorsuch’s confirmation hearings senators and commenters are batting around words like ‘textualist,’ ‘originalist,’ and ‘evolutionist.’ Here’s an illustration.
Grandstanding Democrats Embarrass Themselves At Gorsuch, Comey Hearings
Instead of doing the serious work they were elected to do, congressional Democrats spent the day virtue-signaling to their base.
Jeffrey Toobin Doesn’t Know The First Thing About Clarence Thomas’s Legal Legacy
One does not have to have read the Clarence Thomas canon, like I have, to know that Jeffrey Toobin’s recent article in The New Yorker is nonsense.
How We The People Can Reclaim ‘Our Constitution’
In the battle between orginalism and judicial restraint, law professor Randy Barnett argues originalism is more important for restoring the Constitution.
Antonin Scalia’s Enemies Only Prove His Greatness
When those who would eviscerate the Constitution viewed Antonin Scalia as their greatest enemy, they unwittingly honored him.
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