Constitution
The Constitutional State Legislature Doctrine
The middle ground in Moore v. Harper (plus a few additional thoughts on redistricting remedies)
On Affirmative Action, Clarence Thomas Took a Page From Malcolm X
Understanding the jurisprudence of the conservative Supreme Court justice
National Constitution Center Project Offers Constitutional Amendment Proposals with Broad Cross-Ideological Support
The proposals were agreed on by members of the conservative, libertarian, and progressive teams participating in the NCC's earlier constitution drafting project.
1st Amendment Protects Activist Recordings of Factory Farms, Rules Federal Judge
While animal-rights activists still risk trespassing charges, the state of Iowa cannot make it illegal to record while trespassing on private property.
There's No Way FOSTA Isn't a First Amendment Violation, Says Lawsuit
The case is now on appeal after a lower court said the ban on websites promoting prostitution didn't concern protected speech.
Marco Rubio, Who Last Month Said Abortion Regulation Should Be Left to the States, Endorses a Federal Ban
The senator's avowed devotion to federalism is no match for his political ambitions.
Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Chile Rejects Constitution That Would Have Banned 'Job Insecurity' and Disbanded the Senate
Whether voters will approve of whatever draft the government writes next remains to be seen.
Biden's Disturbing Speech Outside Independence Hall
Plus: The editors answer a question from a U.S. House candidate.
Trump Disregards Democracy, While Biden Ignores Its Dangers
The president's attack on the "extreme ideology" of "MAGA Republicans" elides the tension between majority rule and individual freedom.
Chile's Proposed Left-Wing Constitution Could Spell Chaos
The 54,000-word draft document is a feeding frenzy of political interests looking to codify special rights and privileges.
Courts Split on Whether the Feds Can Overturn These State Abortion Bans
Plus: "Reparations" for the news industry, the disappearance of starter homes, and more...
The "Common-Good" Manifesto
A review of Adrian Vermeule's Common Good Constitutionalism
Judicial Review of Congress Updated and Expanded
A comprehensive catalog of every case in which the Court considered a constitutional challenge to an act of Congress
What Law Professors Think About Legal Issues - and Why it Matters
A new study sheds interesting light on these questions.
Donald Trump Pleads the 5th After Years of Saying Only Guilty People Do That
The former president may be a hypocrite, but at least he knows his own rights.
John Roberts' Wicked Good Year
The Chief Justice has been the focus of widespread criticism during the last Supreme Court term. But he deserves credit for getting virtually every single major case right.
Federal Courts Greenlight State Abortion Bans While State Courts Halt Enforcement
Plus: Video game play time doesn't affect well-being, crypto groups applaud the Virtual Currency Tax Fairness Act, and more...
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
A 1942 decision about the Commerce Clause takes on new importance post-Roe.
No One Wants Biden Anymore, Not Even Dems
Plus: The editors answer the question “How would you change the Constitution?”
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
How Would You Change the Constitution?
I asked scholars, podcasters, and passersby how they'd change the nation's founding charter. Here's what they told me.
New Supplemental Materials on American Constitutionalism
Over 150 new edited documents in the 2022 update to Gillman, Graber, and Whittington's American Constitutionalism
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
States Can't Ban Out-of-State Travel To Get Abortions, Writes Kavanaugh
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment
The Constitution protects many more rights than it mentions, as James Madison explained.
The Online Freakout Over Yesterday's Supreme Court Decisions
Plus: Abortion and free speech, Juul fights back, and more...
It's a Bad Year for Criminal Justice Reform at the Supreme Court
A recent pair of cases spotlights the sorry state of affairs.
Georgetown Ends Investigation of Ilya Shapiro for Bad Tweet, Will Not Fire Him
"I look forward to teaching and engaging in a host of activities relating to constitutional education," said Shapiro.
Isaac Chotiner Interviews Professor Laurence Tribe
A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.
Georgia Cops Rummaged Through Student-Athletes' Luggage in a Fruitless Search for 'a Little Bit of Marijuana'
When did the K-9 arrive? And what was the probable cause for the search?
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
Judge Neomi Rao on "The Province of the Law"
A belated 2021 lecture sponsored by the Georgetown Center for the Constitution
In Defense of Roe
The last 50 years have been marked by a remarkably stable social consensus balancing the rights of women and fetuses. Let's not throw that away.
There Is a Reason Why Roe v. Wade's Defenders Focus on Its Results Rather Than Its Logic
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
Alito's Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning
Plus: How abortion used to be less partisan, NFT sales have plummeted, and more...
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
In Threatening Disney Over Copyrights, House Republicans Are Right for the Wrong Reasons
By blaming their reasoning on culture war grievances rather than the best interests of the law, the GOP risks undermining a completely defensible position.
California Can't Mandate Diversity on Corporate Boards
Plus: Prayer on football field faces SCOTUS, Mike Tyson's ear-shaped edibles banned in Colorado, and more...
The Biden Administration Sues Over Missouri's Pro–Second Amendment Law
Plus: An antitrust lawsuit against Juul was dismissed, the EARN IT Act's sponsor has a new proposal, and more...
Walter Dellinger, RIP
Dellinger was a famed constitutional law scholar at Duke University, and also held important positions in government during the Clinton Administration.
Expanding Our Understanding of the Revolution
Despite all the controversy it has courted, Woody Holton's newest book doesn't stray very far from other scholarly interpretations of the American Revolution.
Texas' 6-Week Abortion Ban Threatens Every Constitutional Right
If it is upheld, state legislators easily could use the strategy embodied in S.B. 8 to attack other rights the Supreme Court has recognized.
