The lead essay on this month's Cato Unbound is my article outlining why the text and original meaning of the Constitution do not give the the federal government any general power to restrict immigration. There will be responses by critics, and ongoing discussion until October.
Harris and other Democrats distorted Kavanaugh's comments on birth control to portray him as a religious extremist.
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.
Parents of school shooting victims lash out over Supreme Court nominee Brett Kavanaugh, but the more troubling responses are from U.S. senators.
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
A new paper on an old way of resolving constitutional indeterminacies
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
Like Neil Gorsuch, the D.C. Circuit judge has criticized
Chevron deference for encouraging executive arrogance.
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
"[A]s applied to indigent drivers, the law is not merely ineffective; it is powerfully counterproductive."
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
The First Amendment constrains speech regulation by the government, not by private parties.
Barbara Underwood is outraged by the president's use of his clemency power, and she wants state legislators to do something about it.
The Supreme Court has been almost completely silent on the subject of gun rights, leaving important issues unresolved.
The court relies on a debunked recidivism estimate to justify tagging and surveillance of sex offenders.
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.