Today at SCOTUS: Affirmative Action on Trial
The Supreme Court hears arguments in Fisher v. University of Texas at Austin
14th Amendment
At SCOTUS, Today's Dissent Can Become Tomorrow's Majority Opinion
Examining the role of dissenting opinions in U.S. legal history.
Birthright Citizenship Denial by Texas Officials Is Unconstitutional
And just plain mean-spiritedly stupid and wrong, too.
The GOP's Unconstitutional Attack on Birthright Citizenship
Why Donald Trump is wrong about the text and history of the 14th Amendment.
Kim Davis Has No Right to Impose Her View of Marriage on Others
The defiant clerk's defenders dangerously blur the distinction between private action and state action.
The New Republic Discovers the Libertarian Legal Movement
Libertarians are changing the face of legal conservatism.
Safeguards for Economic Liberty 'Spook the American Left'
Liberal hysterics in defense of occupational licensing and property seizures.
3 Ways Congress Can Protect Economic Liberty and Curtail Occupational Licensing Abuse
Protecting economic liberty from state infringement.
Ted Cruz Attacks SCOTUS for 'Judicial Activism,' Gets the Facts Wrong About Major SCOTUS Case
Was Lochner v. New York a "lawless" decision?
Libertarians, Conservatives, and 'Mischaracterizing' the 14th Amendment
Does the Privileges or Immunities Clause protect unenumerated rights?
Why the 14th Amendment Protects Economic Liberty
A further reply to conservative law professor Kurt Lash
Yes, the 14th Amendment Protects Economic Liberty
A reply to conservative law professor Kurt Lash.
Here's What John Roberts and Salon.com Have in Common
Conservatives and progressives share a common criticism of Justice Kennedy's gay marriage opinion.
No Solid Libertarian Argument Against Legalizing Same-Sex Marriage
The state should not be involved in marriage. But libertarians who think that this is all that need be said are wrong.
Liberal Pundit Fears 'Libertarian' Fallout from Pro-Gay Marriage Ruling by SCOTUS
The same individualistic jurisprudence that advances gay rights could also imperil "progressive" economic reforms.
How Libertarians Are Changing Conservative Views on Economic Liberty and the Constitution
The Cornell Law Review says libertarians are reshaping the conservative legal movement.
Liberal Pundit Says America Should 'Ignore' the 'Antidemocratic' Supreme Court. Should America Start By Ignoring Roe v. Wade?
A writer at Slate makes a left-wing case for judicial abstinence.
Challenge to California Prostitution Law Banned by Crowdfunding Site GoFundMe
The situation is common for projects even tangentially connected to sex work or adult entertainment. Guess who's to blame?
A Worthless Piece of Paper
If our rights come from the government, not within, then they are not rights, but permission slips.
When Judicial Activists Switched Sides
Deference to elected majorities was a Progressive ideal long before modern conservatives picked up the baton.
A Constitutional Case for Gay Marriage
The Equal Protection Clause demands equal treatment for same-sex couples.
How to Fix the Supreme Court
Institute for Justice lawyer Clark Neily on judicial activism, fundamental rights, and suing the government.
Montana's Misguided Attempt to Nullify Citizens United
State officials may not like it, but they're still bound by the First Amendment.
Libertarians, Guns, and Federalism
A reply to Richard Epstein's take on the right to keep and bear arms
Lochner Isn't a Dirty Word
Correcting the cartoonish vilification of a libertarian Supreme Court decision
Death to the Living Constitution
Can "progressive originalism" become the Next Big Thing on the legal left?
