What Happens in Abortion Cases Stays in Abortion Cases
Justice Breyer’s ruling in the Supreme Court’s Whole Women’s Health v. Hellerstedt abortion case weakened the bedrock legal principle of res judicata.
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Vox Gets Utah v. Strieff Holding Wrong
Vox misunderstands the Supreme Court’s ruling in Utah v. Strieff.
The Crucial Importance of Textualism
Encouraging judges to rule based on their personal experience or philosophy is a recipe for nullifying democracy.
Is the Supreme Court Going to Argue that Nuns Misunderstand Their Religion?
In the Little Sisters case, allowing the Supreme Court to second-guess nuns’ theological conclusions would be absurd and contrary to precedent.
Antonin Scalia, the Forward-Looking Justice
Antonin Scalia's originalist philosophy was more forward-looking than any of his critics will ever admit.
After Obergefell, the Senate Is the Last Line of Defense against Judicial Tyranny
The Senate should refuse to consider any Supreme Court nominee who agrees with Anthony Kennedy's dangerous Obergefell decision.
Why Is Missouri Unfairly Discriminating against Church Playgrounds?
The Supreme Court should strike down Missouri’s unconstitutional religious discrimination in Trinity Lutheran Church v. Pauley.
The Sixth Circuit Shouldn’t Be Ignoring SCOTUS’s Hobby Lobby Decision
Lower courts are not supposed to ignore Supreme Court rulings. However, as Ed Whelan noted in a recent post on this blog, that is exactly what circuit courts have done ...
It’s All about the Publicity, Not the Law: Satanists Sue for Religious Freedom
The Satanist group has filed two lawsuits claiming that Missouri's abortion laws violate its religious freedom, but they don't.
Justice Kennedy’s Judicial Power Grab
In his decision in Obergerfell, Justice Kennedy has swept into judges' hands much that should be the province of the political branches of government.