Judiciary
Asset Forfeiture is Theft: Another Supreme Court Fail
Many people believe the Supreme Court โended asset forfeitureโ with its 2019 opinion in Timbs v. Indiana. Thatโs not only false, but by trying to expand federal power to stop asset forfeiture in the states, they might have made things even worse in the long run. Path...
Federal Courts: Warnings from Mason and Jefferson
One of George Masonโs leading objections to ratification was the structure of the federal judiciary. Thomas Jefferson signaled that he liked it at first, but in the years to follow, considered it the leading engine of consolidation, and the destruction of the...
Supreme Court Leaves Order Prohibiting Enforcement of the Missouri Second Amendment Protection Act in Place
JEFFERSON CITY. Mo. (Oct. 23, 2023) – On Friday, the Supreme Court refused to reinstate the Missouri Second Amendment Preservation Act (SAPA) while the 8th U.S. Circuit Court of Appeals considers a federal lawsuit challenging the constitutionality of the law....
Thoughts on Moore v. United States
As part of this yearโs Constitution Day event at USD Law School, I took a closer look atย Moore v. United States, the pending U.S. Supreme Court tax case with significant originalist implications.ย It turns out to be a harder case than I had thought at first. The...