Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Antonin Scalia
Texas Gov. Greg Abbott Ends His Onerous Truck Inspection Order Impeding International Commerce on the Mexican Border
The inspections caused great economic harm, and may also have violated the Dormant Foreign Commerce Clause of the Constitution.
My Appearance on Prof. Eric Segall's "Supreme Myths" Podcast
We discussed my book "Free to Move," the state of originalism, and other issues.
Shooting a Fleeing Suspect Who Escapes Still Triggers the Fourth Amendment, Says SCOTUS
"The application of physical force to the body with the intent to restrain is a seizure, even if the person does not submit and is not subdued."
Scalia and Ginsburg, Best Friends Forever
The two Supreme Court justices were civil colleagues on the bench and good friends away from it.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
How Gorsuch Took a Page From Scalia in an LGBT Employment Discrimination Case
"Only the written word is the law, and all persons are entitled to its benefit."
Lawson on Conservatives versus Constitutionalists
Is the Rule of Law a Law of Rules or a Law of Law? Some conservatives seem to prefer the former. Should they?
A Leftist Makes the Case for Originalism
What’s worse for the left, a conservative originalist or a conservative living constitutionalist?
The Constitutional Case for California's Sanctuary State Laws
The feds may commandeer local police into administering neither federal gun control nor federal immigration policy.
Second Amendment Does Not Apply to 'Assault Weapons,' Says U.S. District Judge
His obsession with Justice Scalia's aside in Heller about "weapons...most useful in military service" ignores Scalia writing of weapons "typically possessed by law-abiding citizens for lawful purposes."
University of Chicago Law Review Special Issue on Justice Scalia
Featuring the Solicitor General of the United States, Judge Amy Barrett, many others, and ... me.
Gorsuch Is More Liberal Than Garland
For civil libertarians, the newest Supreme Court justice is better than the nominee who never got a hearing.
Does Gorsuch Stand with Scalia on Sodomy Laws?
An issue the Supreme Court candidate should address.
Will Liberals Learn to Love the 10th Amendment?
It's Trump vs. Scalia when cities offer sanctuary to immigrants.
Flag Burning Might Be Offensive, But it is Protected Speech
President-elect Donald Trump reignites a long-settled argument.
On Flag Burning, Trump Differs With Scalia but Agrees With Clinton
The justice Trump admires twice voted to overturn criminal penalties for flag burning, which Clinton later tried to reinstate.
'Crooked Hillary' Is No Reason to Restore the Independent Counsel Statute
Some politicians are dishonest. But it's far healthier for democracy if the voters get to sort that out in elections.
The Individualist Constitution
Libertarian legal superstar Randy Barnett challenges conservative judicial orthodoxy.
How Antonin Scalia Shaped—and Misshaped—American Law
The mixed legacy of the late Supreme Court justice
Scalia May Have Supported Obama's Order to Legalize Undocumented Aliens
The justice got an unfair rap from liberals that he was an anti-immigrant bigot.
How Scalia's Absence Could Protect the Exclusionary Rule
SCOTUS seems evenly divided on a drug search arising from an illegal stop.
After Scalia, Obama Faces Tough Choices on Nomination
Will Obama go for a fight that will mobilize the Democratic base, or choose a candidate who has some distantly plausible chance of confirmation?
Scalia on Drugs
Cases involving drug prohibition reveal the late justice's fickle fidelity to the Fourth Amendment and federalism.
Remembering Scalia's Sense of Humor—And When the Court Was WASPy To the Max
Abortion, not religion per se, is the thing people care about most when it comes to the religious views of justices.
What Did Scalia's Second Amendment Cover?
The late justice left unresolved the constitutionality of "assault weapon" bans and restrictions on carrying guns in public.
Scalia's Mixed Drug War Record
Drug cases show the late justice's fickle fidelity to the Fourth Amendment and federalism.
Ted Cruz's Supreme Court Folly
What he really wants is a justice that will agree with what he believes the law should be.
Justice Scalia Liked the Court. He Loved the Constitution.
Law students jokingly called him the pope of originalism, a phrase he loved.
The Fight Over Scalia's Replacement Shows Why Most People Hate Dems & Reps
Dems & Reps both have a good argument in the fight over who should pick the next Supreme Court member. Sadly, the argument is that both sides are sacks of shit.
The Second Amendment Without Scalia
What will happen to gun rights if a Democrat picks his replacement?
Antonin Scalia Was a Great Jurist for Criminal Defendants
The Supreme Court Justice's opinions often favored the accused-because their rights were in the Constitution.
Scalia's Liberal Tendencies
The late Supreme Court justice was inaccurately described as "authoritarian."
Justice Scalia and the Libertarian Legal Movement
Libertarians disagreed with Scalia on many issues, but they also have to give him credit.
How Antonin Scalia Shaped—and Misshaped—American Law
The late Supreme Court justice's mixed legacy on liberty and the Constitution
GOP Presidential Candidates Agree: Obama Shouldn't Nominate Scalia's Replacement
President says he's going to try anyway.
Justice Antonin Scalia Dead at 79
The Supreme Court justice was found dead today of apparent natural causes.
SCOTUS Arguments Seem to Bode Ill for Public-Sector Unions
The Supreme Court hears Friedrichs v. California Teachers Association.
SCOTUS Refuses to Hear 2nd Amendment 'Assault Weapons' Case, Clarence Thomas Files Sharp Dissent
Justice Thomas faults his colleagues for "relegating the Second Amendment to a second-class right."
Don't Be Afraid of Those 6,000 Felons Just Released From Prison
Families Against Mandatory Minimum's Kevin Ring makes the case for even more wide-ranging and far-reaching sentencing reform.
Donald Trump Trashes the Constitution, Endorses Eminent Domain Abuse
Trump's support for Kelo v. City of New London reveals his fundamentally unconstitutional support for eminent domain abuse.
Another Day, Another Bogus New York Times Attack on Clarence Thomas
The Gray Lady misleads its readers about the conservative Supreme Court justice.
Libertarians, Conservatives, and 'Useful Idiots for Progressive Statists'
A reply to National Review's Ed Whelan.
EEOC Attempts to Administratively Implement Protections Against Anti-Gay Discrimination
Wants to treat a law passed in 1964 as though it also covers sexual orientation