“Rational basis review” is a terrible way to determine our liberties.
How might individuals form meaningful communities of their own?
The politics of judicial appointments.
Cass Sunstein and Adrian Vermeuele have provided an accessible defense of a curiously ill-defined beast—the “administrative state.”
If judges acknowledged the political background of much constitutional debate, they would act with more restraint.
The United States now has two constitutions. Which of the two constitutions shall prevail?
Two sharply different perspectives on the nomination and confirmation of Judge Brett Kavanaugh to the United States Supreme Court.
Judicial review is too frequent to deem the Court a mere lapdog of Congress, but decisions upholding federal statutes far outnumber invalidations.
The echoes of Plessy v. Ferguson have distorted our jurisprudence.
No jurist has done more than Clarence Thomas to oppose the Progressive synthesis of leviathan and anarchy.
What does Ruth Bader Ginsburg mean for women?