Charles Pinckney and Moore v. Harper
Hansi Lo Wang has this interesting article for NPR: A controversial election theory at the Supreme Court is tied to a disputed document. From the introduction: In their bid to promote a once-fringe legal theory that could upend election laws across the country,...
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...