David Post is currently an Adjunct Scholar at the Cato Institute, and was previously a professor at Beasley School of Law at Temple University.
David Post
Latest from David Post
RBG, R.I.P.
A few personal reminiscences on the death of Justice Ruth Bader Ginsburg
A Very Interesting New Electoral College Work-Around
Those of you who dislike the Electoral College should find this idea of interest
Fractured Opinions, Stare Decisis, and Reproductive Rights
An 8th Circuit panel makes a hash out of the interpretation of the fractured opinions in SCOTUS' recent June Medical decision
Who Can Fire the US Attorney for the Southern District of New York?
The answer may surprise you.
Do We Really Need the Supreme Court to Decide the "Faithless Elector" Cases Now?
The Court could have, and probably should have, pushed these cases over to the 2020-21 Term
America First
Putting people who dislike and distrust the government in charge of the government is a risky business, and we are paying the price for it now.
Florida May Not Re-Disenfranchise Ex-Felons Unable to Pay Court Fines and Fees
It is unconstitutional, the 11th Circuit holds, for Florida to deny voting rights to ex-felons solely because they have outstanding fines or fees. to vote And yes, "re-disenfranchise" is a real word.
Let Us Bury Prof. Dershowitz' Inane Impeachment Theory
It is the crowning achievement of Professor Dershowitz' long career. Not in a good way.
Google v. Oracle
The Supreme Court now has before it a case in which some very important copyright principles are at stake.
The Return of the "Faithless Elector"
The Supreme Court agrees to hear two cases on the scope of presidential elector discretion
The Impeachment End Game
Will we get to hear from the people in Trump's inner circle who might actually know whether he did or did not engage in impeachable misconduct?
The Other Impeachment Count
Count Two's charges against the President are both more serious in their long-term implications for the constitutional separation of powers, and less defensible on Trump's part, than Count One's.
The Bolton Subpoena
John Bolton may have critical evidence relevant to the House impeachment inquiry; why hasn't the House subpoenaed his testimony?
Impeachment and the Sixth Amendment
No, President Trump cannot invoke his Sixth Amendment rights in connection with House impeachment proceedings
Is the "Faithless Elector" Coming to the Supreme Court?
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
The Fifth Avenue Immunity
Can a State Investigate Alleged Criminal Wrongdoing Involving a Sitting President?
Go Walgreens!
Why are so many people in Washington DC walking around wearing Walgreens gear all of a sudden?
Treason (!), Sedition, and Trump Derangement Syndrome
What if we actually took what Trump said seriously? As though he were, say, the President of the United States?
Stairway to Heaven and the Scope of Musical Copyright
Led Zeppelin may have borrowed from the band "Spirit" in creating the well-known intro to their classic hit, but did they infringe anyone's copyright in doing so?
Did the President Commit Witness Tampering?
Some Thoughts on How the President's Stalwart Defenders Will Excuse This Latest Episode
We Have Now Entered the Twilight Zone
Where are the Republicans - the honest and patriotic ones - who will help lead us out of this calamitous mess?
Sexting as Child Pornography
The highest court in Maryland finds that the State's statute prohibiting "child pornography" applies to minors who sext videos of their own sexual activity to friends.
The Return of the Faithless Elector
Are we ready for a return to the "original meaning" of the Electoral College?
THE Volokh Conspiracy keeps you up-to-date on THE Trademark System
Can the "the" - not to be confused with the band "The The" - be protected by trademark?
The Sec. 230 Temperature is Rising
Liability safe harbors for Internet intermediaries are not responsible for Internet "hate speech"
Judge Blocks DOJ's Attempt to Switch Lawyers in the Census Citizenship Question Case
The DOJ's attempt to introduce an entirely new team of lawyers to work on the citizenship question case is rejected - correctly - by the SDNY.
Summer Reading: The Life (and Times) of Frederick Law Olmsted
A wonderful bio of perhaps the most influential American whose name most people don't know
Trump's Legal Authority to Impose Tariffs
What happened to Congress?
A Question Barr Flubbed Badly
How could Barr have allowed Deputy AG Rosenstein to participate in evaluating an obstruction-of-justice case against the President when Rosenstein was a key participant in the possibly obstructive events, and would be a witness if a charge were brought?
More from, and to, Prof. Dershowitz
Further explication of our ongoing disagreement concerning the scope and conduct of the Mueller investigation.
More for the "Who Cares About Due Process For Sex Offenders?" File
Q: Can the federal government hold people in custody indefinitely when they have not been charged with, or convicted of, any crime?
The Case that Started All the Fuss
Judge Tigar's (ND CA) asylum decision is an especially inappropriate target for Trump's ranting, given the weakness of the Administration's position on the legal issues raised by the case.
Hail to the Chief!
We really should, as Chief Justice Roberts suggests, be thankful for the "independent judiciary" on this Thanksgiving Day.
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
The Meaning of Constitutional Meaning
The People of New Hampshire have spoken! But what have they said?
A Short Response to Eugene's "Judicial Temperament" Post
Further thoughts on why Kavanaugh's testimony is disqualifying.
Judge Kavanaugh, Judicial Temperament, and the "Circus"
Kavanaugh was correct: it was a circus. But he was the one who made it a circus - and for that (apart from anything that he may or may not have done in 1982) he should not be confirmed.
WTF is He Doing? [with Today's Quiz]
When do we decide that Trump's contempt for the law has crossed the line?
"Emoluments" Suit Against Trump Can Proceed
Are we all about to get a look - finally! - at Trump's tax returns?
Caps Win!!
A parade today to celebrate something even the politicians can't spoil. Plus, a bonus World Cup preview!