This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
The former president is right to worry that supporting restrictions on abortion could hurt him in the general election.
Some estimates suggest the number of abortions has even increased.
Conservative legal scholar William Hodes argues that federal restrictions on abortion are beyond the scope of Congressional power.
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
A new document with more than 80 signatories puts liberty, not government, at the heart of the conservative movement.
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
"If you don't trust central authority, then you should see this immediately as something that is very problematic," says the Florida governor.
The legislation would give property owners "sole discretion" in deciding how many parking spaces they want to build.
Plus: What the editors hate most about the IRS and tax day
Are political breakups really as American as apple pie?
Second in a two-part series published by Australian Outlook, a publication of the Australian Institute for International Affairs.
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
It examines whether people are likely to "vote with their feet" based on interstate differences in abortion policy, after Dobbs. The first in a series of two articles on this topic.
The ruling has significant shortcomings and may be overruled on appeal. The Biden Administration's position in this litigation is wrong for much the same reasons as the Trump Administration was wrong to target immigration sanctuaries.
In rebuking the legislation, the president showed that he may not know what's in it.
The idea has limitations, but would be a major improvement over the status quo.
Plus: Government regulation of speech is on trial, biohackers flock to experimental charter city in Honduras, and more…
Like the Sixth Circuit before it, the Eleventh ruled that the requirement that states receiving stimulus money refrain from cutting taxes was never clearly authorized by Congress.
The prospects in the next session, when Republicans will control the House, are iffy.
The Senate majority leader is suddenly keen to pass legislation that he portrayed as a threat to broader reform.
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
The U.S. Court of Appeals for the Sixth Circuit concluded some state challenges to the COVID relief bill were not justiciable, but reaches the merits in one case and finds the law lacking.
The deal includes several amendments to the original draft legislation that are unlikely to have much substantive effect.
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Out-of-state and self-managed abortions pose daunting challenges for pro-life legislators.
The president's mass pardon does not extend to pot suppliers, and his rescheduling plans won't make marijuana a legal medicine.
GOP governors' ploy highlights the value of giving states the power to issue their own migration visas. It can simultaneously ease labor shortages, reduce disorder at the border, enable more migrants to escape poverty and oppression, and help restore the original meaning of the Constitution.
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
The senator's avowed devotion to federalism is no match for his political ambitions.
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Notwithstanding federal pot prohibition, the appeals court says, the requirement violated the Commerce Clause's implicit prohibition of anti-competitive interstate trade barriers.
Gun control advocates may embrace the 10th Amendment.
Five Circuits have considered, and rejected, fossil fuel efforts to get state-law tort and nuisance claims removed to federal court. Will their luck change in the Supreme Court?
We won't know the answer for some time. I suspect the drain will be relatively small, if we focus on abortion bans, as such. But it may get larger if anti-abortion laws end up having substantial negative side-effects on other activities.
If all of the ballot initiatives succeed, pot will be legal in 25 states.
The Justice Department says that policy is rational and consistent with the right to keep and bear arms.
I am one of the relatively few people who think the Court got both cases right.
Political scientist David Leal explains why conservatives should reject efforts to compel states and localities to help enforce federal laws these jurisdictions oppose.
The Senate majority leader's 296-page bill would compound the barriers to successful legalization.
A prominent academic expert on both same-sex marriage and full faith and credit weighs in.
Does the bipartisan act protecting same-sex marriage run afoul of constitutional federalism principles? The answer is definitely not with respect to one of its provisions, and probably not with respect to the other.
Several state supreme courts already have recognized the right to terminate a pregnancy. Will more states join the list?
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
