

Somin thoroughly explains the unfortunate expansion of the “public use” requirement that took hold by the mid 20th century.
But What About the Supreme Court?
A recent essay of mine at Public Discourse, on choosing not to vote for either Trump or Clinton, “went viral” as much as anything of mine ever has, and I ...
Life Without FADA, or My Big Fat House Oversight Hearing
Yesterday morning, I was honored to be a witness at a hearing of the House Oversight and Government Reform Committee, chaired by Rep. Jason Chaffetz (R-UT), on the subject of ...
A Less Limited Defense of Justice Ginsburg
Ed Whelan has offered a “limited defense” of Justice Ginsburg’s rather unbuttoned interview with Adam Liptak of the New York Times. I’d like to say more in favor of the ...
Not the First Time for Nuns in the Supreme Court
Not that I disagree with any substantive point Peter Kirsanow makes in his Corner post yesterday afternoon — which is well worth reading — but he is wrong about the ...
Douglas Laycock’s Strange Fears and Even Stranger Reasoning
Professor Douglas Laycock of the University of Virginia law school has spent his long and accomplished career specializing in the law of religious freedom, and is known both for his ...

Scalia’s Last Opinions
When death came for Justice Antonin Scalia, it came quietly and unexpectedly, far from his home and family, during a holiday break in the middle of the Supreme Court’s annual ...
Axiomatic? First It Would Have to Be True
In his latest column, George Will uses a line I have heard him use more than once on television: “It is axiomatic that you cannot reason a person out of a ...
The Silly Resort to “What Would Scalia Do?”
Today’s Washington Post carries two pieces on the same page—Kathleen Parker in her regular column, and a brief op-ed by Ezekiel Emanuel—making virtually identical arguments of a kind that is ...

The Constitution Is Functioning Just Fine
In the New York Times, Timothy Huebner adduces a number of cases of Supreme Court nominations made and confirmed in election years, arguing that “in cases when vacancies have arisen ...