A New Supreme Court ruling on Obamacare could Still Stand
By: Harold Pease Mid December 2018, Judge Reed O’Connor, a U.S. District Judge for the Northern District of Texas ruled that the Tax Cuts and Jobs Act last year ending ...
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Michael Dorf, Precedent, and the Original Meaning
by Mike Rappaport Recently, Michael Dorf wrote an interesting post about originalism and precedent. Dorf’s post raises some significant points about this crucial area for originalists. Here I would like ...
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Why Supreme Court Opinions Are Not the “Law of the Land”, and How to Put Federal judges in Their Place
By Publius Huldah Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers ...
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Merrick Garland and Brett Kavanaugh: Two Peas in a Pod?
Many conservatives cheered Judge Brett Kavanaugh’s confirmation to the Supreme Court, convinced his presence will turn the tide toward liberty. For the first time in decades, “conservatives” hold a firm ...
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Avoiding the Next 50-48 Vote: Disempower the Court
After the Senate voted 50 to 48 to confirm Justice Brett M. Kavanaugh, Senator Elizabeth Warren tweeted that she was “not going to sugarcoat anything. We lost a tough fight. ...
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Amanda Tyler and the Original Meaning of the Habeas Corpus Suspension Clause
While the original Constitution certainly had some defects — especially that it allowed slavery — it was in many ways an amazingly protective document. It was a classical liberal document ...
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Vetting Kavanaugh According to the Constitution
When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can possibly do, constitutionally speaking. ...
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What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy
Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what ...
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Citizens Do Not Agree that the Supreme Court Is Too Conservative
Both journalists and academics argue that the current Supreme Court is one of the most right wing courts in our history. Some even predict that Brett Kavanaugh’s nomination may cause ...
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