Court Cases
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...
Why overturning Roe v. Wade causes so much rage
To understand the rage over the Supreme Court’s long-overdue abandonment of Roe v. Wade (pdf), you have to think how political operatives do. It’s not how the rest of us think. To the rest of us, whatever our position on legalized abortion, the anger at the court’s...
Supreme Court Effectively Grants Absolute Immunity to Federal Cops
The Supreme Court let stand two appellate court opinions that in effect give federal agents and local police deputized as federal agents absolute immunity from prosecution. The High Court’s refusal to hear these two cases follows on the heels of its decision...