Court Cases
What did the US Supreme Court actually say in its Majority Opinion in McGirt v. Oklahoma?
Here is the majority opinion inย McGirt v. Oklahomaย [link]. The issue on appeal was whether the State of Oklahoma has criminal jurisdiction over the Creek Indians for crimes committed by them on Creek land. The Supreme Court said, โNO!โ The majority opinion lays out a...
Four Cases that Expanded the Commerce Clause
Three New Deal-era court cases set the foundation for an expansion of the Commerce Clause far beyond its original, legal meaning. Another from 2005 reaffirmed this and set the stage for even more. Path to Liberty, Fast Friday Edition: July 17, 2020...
The Faithless Electors Case: Not as Bad as it Might Have Been
Monday’s decision inย Chiafalo v. Washingtonย (the “faithless electors” case) was a relatively short, crisp, kind-of textualist/originalist opinion by Justice Kagan (for seven Justices, with Thomas, joined in part by Gorsuch, concurring separately).ย ...
Are (Most) Independent Agencies Unconstitutional after Seila Law v. CFPB?
I think maybe they are. On its face, the Supreme Court’s ruling in Seila Law LLC v. Consumer Financial Protection Bureauย looks modest.ย The Court (per Chief Justice Roberts, joined by Justices Thomas, Alito, Gorsuch and Kavanaugh) declined to extend the rule...