A Supreme Court Term for the Ages
The Court had weightier issues on its docket and took on the challenges before it with decisiveness and both professional and personal courage.
Law & the Courts
Red Flag Laws Are Useless If No One Uses Them
Everyone needs to adopt more of a ‘If you see something, say something’ attitude toward young men flashing signs of potential danger.
This Day in Liberal Judicial Activism—July 6
1989—In solo dissent in Hamblen v. Dugger, Florida justice Rosemary Barkett opines that a capital defendant is not permitted to waive his right to present evidence of mitigating circumstances. ...
When Gun Laws Don’t Prevent Gun Crime
The horror in Highland Park underscores the limitations of legislating an end to mass shootings — and challenges us to confront the violence less erratically.
Why We Write Our Laws Down
To live under a government of laws rather than a government of arbitrary power, we must know what the law requires of us, and what it affords us.
Why Didn’t the Police Arrest the Highland Park Shooter in 2019?
Threatening to ‘kill everyone’ is not protected speech. It’s assault, or intimidation, or possibly even domestic violence.
Mississippi Judge Rejects Abortion Clinic’s Request to Block State Trigger Law
The 2007 law would ban abortion except in cases where a woman’s life is in danger or a pregnancy is caused by a rape reported to law enforcement.
Slanders and Standards
Dominion is suing Fox News and other right-wing outlets for defamation.
Harvard/Harris Poll on Dobbs and Abortion
A new Harvard CAPS/Harris poll offers some interesting—and, for pro-lifers, I think encouraging—data on how Americans view Dobbs and abortion policy, even as it also shows how surprisingly inept pollsters ...
Can Major-Questions Doctrine Actually Get Congress to Legislate Again?
A textualist critique of the Supreme Court’s decision in West Virginia v. EPA.