My Latest Guest Appearance on First Mondays: "A Bunch of Printers"
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
I discuss the Kavanaugh nomination, originalism, and much more with Professors Dan Epps and Ian Samuel.
Don't assume Roe v. Wade will be safe with Justice Kavanaugh.
More Trump-era hyperbole from liberal pundits and politicians.
Liberal critics want the Senate to hit the pause button. Will it?
Masterpiece Cakeshop is back with a new lawsuit over another rejection.
Assessing the president's lower-court selections.
The justices show little interest in deferring to agency interpretations.
Noted appellate attorney Lisa Blatt on why she supports the confirmation of Brett Kavanaugh, and shows how we should evaluate judicial nominees from the other side of the aisle.
A new proposal to give Democrats additional Supreme Court appointments by temporarily increasing the size of the Supreme Court would cause much the same problems as conventional court-packing would.
"After meeting Judge Kavanaugh and reviewing his record, I have decided to support his nomination."
The Bill Clinton appointee's comments suggest she doesn't want Donald Trump to nominate her successor.
The Republican senator questions the record of the SCOTUS nominee.
Compelled Subsidies and the First Amendment -- a new article with co-blogger Eugene Volokh, forthcoming in the Harvard Law Review
A rule covering immigration communications between state and federal officials may be unconstitutional.
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
Political conflict over judicial confirmations may be harmful for the courts.
The 9th Circuit has endorsed a distinction that does not jibe very well with modern attitudes.
Award-winning movie about Susette Kelo's attempt to save house from a local government gone klepto is out on streaming and video-on-demand services.
In 1999, Judge Kavanaugh suggested that the Supreme Court case that forced Nixon to turn over the Watergate tapes may have been wrongly decided. But it's not entirely clear what he now thinks about the issue.
The way Congress crafts spending bills has "effectively disenfranchised almost 300 million Americans."
Surprising fallout from the Supreme Court's decision on agency fees
The most libertarian legal analyst on cable news dishes on Brett Kavanaugh, the end of his GOP, and his forthcoming new show.
The Supreme Court nominee's skepticism fades when cops and spies look for evidence without a warrant.
How will a Justice Kavanaugh approach administrative law cases?
The Kentucky Republican is worried about Kavanaugh's record on the Fourth Amendment.
The SCOTUS nominee takes a dim view of the Fourth and Fifth Amendments.
The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
Some unusual amicus briefs filed in support of cert. in Allah v. Milling
Trump's SCOTUS nominee probably won't have an impact on Obamacare. But that won't stop Democrats from making the argument.
Justice Kennedy was the most speech-protective justice on a speech-protective court. What happens to free speech once he is replaced?
Those who have been through the process rarely have nice things to say about it.
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
Where does Judge Kavanaugh stand on the Fourth Amendment?
Jonathan Adler says he's "supremely qualified," an originalist, and a critic of the administrative state. But he's a cipher when it comes to defendants' rights.
Many Democrats have come out against Kavanaugh's nomination, arguing that he'll mean the end of Roe v. Wade.
Where does Supreme Court nominee Brett Kavanaugh stand on the First Amendment?
Judge Kavanaugh is a highly qualified jurist. I applaud several aspects of his record, while having reservations about others.
"Kavanaugh is not another Gorsuch-not even close."
Initial thoughts on the nomination of Brett Kavanaugh to the Supreme Court
The text, history, and tradition methodology applied to D.C.'s unusually restrictive gun laws.
Following the resignation of Justice Anthony Kennedy, President Trump makes his second appointment to the Supreme Court of the United States.
Trump freaks out Democrats with second SCOTUS pick; the Libertarian Party comes of age; how Steve Ditko created the modern action movie
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
Justice Kennedy's decision forcing states to recognize same-sex marriage is not at risk
The Roberts Court has overturned precedents at a lower rate than its predecessors. Will this soon change?
President Trump will soon name his second pick to the Supreme Court