
The Latest

The Rivkin-Gray gambit looks like a dubious new pretext for adding a citizenship question to the census.

When Is a Union Agency Fee Like a Tax?
Eugene Volokh's argument is too clever by half.

“The Rebirth of American Constitutionalism”
On Monday, September 25, my friends at the James Madison Program in American Ideals and Institutions at Princeton University will host an all-day conference devoted to the scholarly legacy of ...

No Court Should Respect a Presidential Self-Pardon
In the argument that has broken out over a president’s putative power to pardon himself, I’m going to come down on the opposite side from Andy McCarthy and Mike Paulsen, ...
Witherspoon Institute Summer 2017 Seminars
The Witherspoon Institute in Princeton, New Jersey (where I work) is now accepting applications for six summer seminars, on topics ranging across ethics, politics, law, medicine, philosophy, and religion, for ...
The Electoral College’s Democratic Federalism
A few days ago in the Washington Post, law professor (and briefly a candidate for the Democratic nomination for president) Lawrence Lessig made a case for the electoral college to ...
If Korematsu Is Not Precedent, Why Is Roe?
In a New York Times op-ed, Harvard law professor Noah Feldman argues that Korematsu v. United States, the notorious 1944 ruling upholding the wartime internment of Japanese-Americans, should not be ...
Revisiting Clinton v. Jones
Last night on Fox News Channel’s “Special Report with Bret Baier,” former New Jersey judge Andrew Napolitano, during a discussion of the trouble Hillary Clinton might find herself in from ...

Not a Path but a Cul-de-Sac
In today’s Wall Street Journal, lawyer Scott Gant and political scientist Bruce Peabody have offered the most hilariously dumb essay you will read today. If that seems harsh, consider: Gant ...