Unfair Harvard
Did the Court actually abolish affirmative action?
Supreme Court
The Ground of Judgment
Acknowledging the reality of the natural moral law.
The Accidental Originalist
Felix Frankfurter’s remarkable rise and his enduring legacy in American law and politics.
They Never Did Mend It
Affirmative inaction.
An American Originalist
Justice Thomas's judicial revolution bears fruit.
Undue Deference
Ever since its inception, the Chevron debate has served as a placeholder for more fundamental contentions.
Annus Mirabilis
So far, it’s been a very good year.
The Supreme Court Leak
The overturning of Roe v. Wade will intensify the battle between the progressives’ constitution and the founders’ Constitution.
Packing the Court
The politics of judicial appointments.
Curtailing the Court
If judges acknowledged the political background of much constitutional debate, they would act with more restraint.
Confirmation Bias
Two sharply different perspectives on the nomination and confirmation of Judge Brett Kavanaugh to the United States Supreme Court.
Ten Thousand Cases
Judicial review is too frequent to deem the Court a mere lapdog of Congress, but decisions upholding federal statutes far outnumber invalidations.