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...
Bad History at the Supreme Court?
Many law professors and other authorities have claimed in popular commentary that the Supreme Court majorities in the June opinions used flawed, even dishonest, history. I haven’t seen much yet that proves the claim. For example, there’s this piece by...
NYSRPA v. Bruen on the Merits
Moving beyond the methodological aspects (see here and here), what about the outcome in New York State Rifle & Pistol Association v. Bruen? Here are some quick thoughts (with apologies to those on both sides who have spent a lot more time than I have on this...