Nancy Randolph’s 1792 Scandal and Modern Abortion Politics
The woman’s memory is ill served by enlisting her as the reluctant protagonist of an abortion argument in 2022.
The Supreme Court in the American Constitutional Order
By far the worst poison cast into the well of our constitutional politics has been the creation of the right to abort an unborn child.
The Real Constitutional Difficulty with D.C. Statehood
In the New York Times, former UN ambassador and national security adviser Susan E. Rice urges Congress to pass a bill giving the District of Columbia statehood. Whatever one thinks ...
The Case of the Florida Politico and the Praying Juror
Judge Pryor’s 65-page dissent is a tour de force, raising a serious alarm about the lack of understanding and respect that our legal elites have for the widespread religious beliefs ...
Census Pretext Redux
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 ...