Another Shot at the Insular Cases
Concurring in United States v. Vaello Madero last Spring, Justice Gorsuch on originalist grounds called for overruling the Insular Cases, the series of early twentieth-century decisions that concluded the Constitution doesn’t fully apply in overseas U.S....
Dean Chemerinsky is Wrong on Originalism (Again)
In The Atlantic, Erwin Chemerinsky: Even the Founders Didn’t Believe in Originalism. He principally argues points, both of which have been refuted many times, but it’s probably worth going through them again. A third, which he introduces only at the end, is...
An Originalist Defense of the Major Questions Doctrine
I was initially skeptical of the major questions doctrine (MQD), as deployed by the Supreme Court in West Virginia v. EPA – basically for the reasons expressed by Chad Squitieri, Tom Merrill and Jonathan Adler. But with everyone ganging up on the MQD, my contrarian...