Bench Memos

What Does Sotomayor Mean for Business?

I have a longish post on whether the Sotomayor nomination should concern the business community on Volokh here.  My bottom line: There are certainly some things in her record that should grab the business community’s attention.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.

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Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More
Law & the Courts

Judge Barrett on the Second Amendment

Judge Amy Coney Barrett’s impressive dissent in Kanter v. Barr (pp. 27-64) illustrates both her fidelity to the Supreme Court’s landmark Second Amendment ruling in District of Columbia v. Heller (2008) and her masterful application of the constitutional methodology of originalism. Rickey I. Kanter pleaded ... Read More
Law & the Courts

On Judge Barrett, Let’s Tell the Truth

Once when I was a kid, my dad held up three fingers and asked, “Does this two look like a three?” Little did I know that this attempted sleight of hand would become a regular feature of the process for appointing federal judges. Watch for it in the days ahead as the Senate considers President Donald Trump’s ... Read More
Law & the Courts

On Judge Barrett, Let’s Tell the Truth

Once when I was a kid, my dad held up three fingers and asked, “Does this two look like a three?” Little did I know that this attempted sleight of hand would become a regular feature of the process for appointing federal judges. Watch for it in the days ahead as the Senate considers President Donald Trump’s ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More
Law & the Courts

The Judicial Branch Ragnarök Is Upon Us

As expected, President Trump selected Amy Coney Barrett as his third nominee to the U.S. Supreme Court, and now the Judicial Branch Ragnarök and Related Festival of Catholic-Bashing is upon us. Senate Democrats could argue that based upon Barrett’s past decisions, they don’t agree with her legal ... Read More