My New Article on "How Judicial Review Can Help Empower People to Vote with Their Feet"
The article challenges longstanding conventional wisdom claiming that judicial review of democratically enacted laws is at odds with popular political choice.
Judicial deference
When Super Deference Is Not So Super
"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review
Does the Supreme Court Need Fixing? If So, Why and How?
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
My Jotwell Review of Lindsay Wiley and Steve Vladeck's "Coronavirus, Civil Liberties, and the Courts"
They argue that courts should engage in "normal," not specially deferential judicial review of coronavirus emergency measures.
Kagan and Gorsuch Clash Over Judicial Deference to the Administrative State
Who will rein in the ever-expanding administrative state?
John Paul Stevens Is Still Trying To Defend the Kelo Debacle
In his new memoir, the retired justice seeks to justify his awful eminent domain ruling.
What Constitutional Lawyers can Learn from Spiderman
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
What Do Judges Think of Chevron?
It appears that Justice Neil Gorsuch is far from the only one who questions the wisdom of Chevron deference and other findings from a new survey of federal judges.