Emancipating the Constitution From Non-Originalist Precedent
by John O. McGinnis & Mike Rappaport Non-Originalist Precedent The biggest challenge to the rise of originalism is precedent. Although originalism is enjoying more support in the judiciary and in ...
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The Supreme Court Bump Stock Case: Defeat for the “Deep State”
By: Rob Natelson Justice Clarence Thomas’ opinion for the Supreme Court in Garland v. Cargill—the “bump stock firearms” case—may be more important for what it does not say than for ...
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Three Massive Wins for the Right Over 18 Hours Fundamentally Changes America’s Future
by MATT A MAYER Trump’s debate win, along with the two Supreme Court decisions, represent the beginning phase of reinvigorating the Constitution and restoring the American Promise. Isn’t ...
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Supreme Court guts agency power in seismic Chevron ruling
by Jacob Knutson The Supreme Court on Friday curtailed the executive branch's ability to interpret laws it's charged with implementing, giving the judiciary more say in what federal agencies can do. ...
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Against Skidmore Deference
by Mike Rappaport In my last post, I explained why I oppose both Chevron and Auer deference, which give agencies additional power, undermine the rule of law, and provide bad incentives to agencies. Scholars ...
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Loper Bright —Chevron Needs a Gravestone, Not Another Exception, by Isaiah McKinney
by Isaiah McKinney The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the ...
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