Judiciary
The Government and Race
This week, the Supreme Court of the United States is confronting yet again an issue that has bedeviled it for the past 30 years: the use of racial quotas by government-owned universities and private universities that accept government funding. The last time the court...
Federal Courts Aren’t Always Better: Cell-Phone Search Warrant Edition
Conventional wisdom tells us federal courts will protect our rights better than state courts. This is why virtually everything is turned into a federal case. But two recent cases relating to cell phone search warrants reveal this isn’t always the case. In Riley...
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....
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...