In Praise of Ignoring Facts: A Review of Jack Balkin's "Memory and Authority"
Why constitutional theory needs more theory.
Constitutional Interpretation
Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
American Journal of Law and Equality Symposium on the 70th Anniversary of Brown v. Board of Education
The symposium includes contributions by many prominent legal scholars. I am among the contributors.
Illinois Scholarship Program Explicitly Excludes White Applicants
The Minority Teachers for Illinois Scholarship Program is blatantly unconstitutional.
Justice Pat DeWine on Interpreting the Ohio Constitution
A forthcoming paper from a Justice on the Ohio Supreme Court on constitutional interpretation in Ohio.
Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
Federal Appeals Court Upholds Mississippi's Jim Crow–Era Felon Voting Ban
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
A Collective-Action Theory of the Constitution's Federal Structure
Fourth in a series of guest-blogging posts.
Constitutional Interpretation in The Collective-Action Constitution
Third in a seris of guest-blogging posts.
The Collective-Action Constitution: A Brief History of an Idea
Second in a series of guest-blogging posts.
The Collective-Action Constitution: Introduction
First in a series of guest-blogging posts.
Neil Siegel Guest-Blogging About His New Book "The Collective-Action Constitution"
The book argues that the structural elements of the Constitution should be interpreted in a way that empowers the federal government to address collective action problems facing the states.
California's Telemedicine Restrictions Are Forcing Rare Disease Patients To Travel Out of State for Care
A new lawsuit argues the state's requirement that doctors must be licensed in California to do remote consultations with patients there is unconstitutional.
Supreme Court Rules No Due Process Right to Preliminary Hearings in Civil Asset Forfeiture Cases
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
Ohio Pastor Criminally Charged for Letting People Sleep In Church. Again.
Plus: California's landmark law ending single-family-only zoning is struck down, Austin, Texas, moves forward with minimum lot size reform, and the pro-natalist case for pedestrian infrastructure.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
Dormant Commerce and Corporate Jurisdiction
A look at personal jurisdiction after Mallory.
Study Estimates Nearly 96% of Private Property Is Open to Warrantless Searches
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
Will Elon Musk's Twitter Sex Jokes End the Administrative State?
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
Zoning Board Orders Longtime Tenants' Homes Dismantled
Plus: the Supreme Court weighs housing fees and homelessness, YIMBYs bet on smaller, more focused reforms, and a new paper finds legalizing more housing does in fact bring costs down.
According to Law
A keynote address to the Symposium on Common Good Constitutionalism.
Federal Judge Questions 'Evolving Standards' Test for Cruel and Unusual Punishment
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
Louisiana Mother of Autistic Child Hit by Teacher Files Supreme Court Petition
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
Federal Judge Rules Texas Anti-Drag Law Violates the First Amendment
The judge ruled that the law was unconstitutionally overbroad, vague, and viewpoint discrimination.
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality
Further debate on textualism, "common good constitutionalism," and the classical legal method.
Frederick Douglass as Natural Rights Originalist
A fascinating new exploration of Frederick Douglass' constitutional thought.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A Flawed "Popular Constitutionalist" Rationale for Disobeying Supreme Court Decisions
Harvard law Prof. Mark Tushnet and political scientist Aaron Belkin urge President Biden to disobey "gravely mistaken" Supreme Court rulings. Doing so would set a dangerous precedent likely to be abused by the right, as well as the left.
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Should Libertarians Be Noncombatants in the Pride Wars?
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
Trump-Appointed Judge Rules Tennessee's Anti-Drag Law Unconstitutional
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
My Cato Policy Report Article on "Three Constitutional Issues Libertarians Should Make their Own"
The article explains why libertarians should focus much more on constitutional issues arising from zoning, immigration restrictions and racial profiling.
The Dormant Commerce Clause, the Internet, and Geolocation
A response to Professors Goldsmith & Volokh
No Constitutional Right To Honk Your Car Horn, Court Says
Plus: DeSantis does better than Trump in swing-state poll, majority say abortion pill should remain available, and more...
The Israeli Fight Over Judicial Review Highlights the Dangers of Unconstrained Democracy
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
The Continuing Relevance of Frederick Douglass
Douglass is best-known for his role in the abolitionist movement that helped end slavery. But much of his thought is also relevant to contemporary issues.
The FTC Wants To Outlaw Noncompete Clauses, but Does It Have the Authority?
The Commission's lone dissenter says Congress has not charged it with regulating noncompete clauses.
"The 'Common-Good' Manifesto" Is Now Published
reviewing Common Good Constitutionalism.
