I. Introduction
In June Medical Services L.L.C. v. Russo, Chief Justice Roberts looked to the writings of Edmund Burke to reason that the Supreme Court should retain an abortion precedent. He argued that judges should adopt “a basic humility that
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The Communications Decency Act, 47 U.S.C. § 230, has become a point of contention for many of those who believe in free and open discourse on social media. While Prager University v. Google LLC reminded all of us that…
INTRODUCTION
I am not the first, nor will I be the last, person within the legal profession to look down on legislative history as a tool of statutory interpretation. The late Justice Scalia famously derided the use of legislative history,…
INTRODUCTION
The United States needs a clearer guiding framework regarding which Officers are principal and which are inferior. Modern Appointments Clause jurisprudence is, at best, confusing and, at worst, incoherent. This is both the result and cause of sloppy legislative…
The House of Representatives voted 245-182 on Tuesday to overturn President Trump’s national emergency declaration to fund his long-promised border wall.[1] This is the latest of several efforts by Congress to rescind executive action via joint resolutions of disapproval.…
On Wednesday, October 3, the Supreme Court will hear oral argument in Knick v. Township of Scott, to decide “[w]hether the Court should reconsider the portion of Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172, 194-96 (1985),…
“I’m not a skeptic of regulation at all. I am a skeptic of unauthorized regulation, of illegal regulation, or regulation that’s outside the bounds of what the laws passed by Congress have said. And that is what is at the…
For the 2020 census, the Department of Commerce has proposed asking respondents whether they are citizens of the United States. Since inclusion of the citizenship question was announced in March, six federal lawsuits have been filed demanding that judges stop…
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