Amy Coney Barrett’s “Suspension and Delegation”
In considering the nomination of Judge Amy Coney Barrett to the Supreme Court, many have sought to determine how a Justice Barrett would approach existing Supreme Court precedent. Several of …
Reason
Do Originalists Ignore the Reconstruction Amendments?
Critics of originalism sometimes claim that originalists focus only on the original 1787 Constitution, while ignoring the Reconstruction amendments, which transformed the Constitution after the Civil War. Sometimes, this criticism …
How Big Can the Ninth Circuit Get?
With 29 judges in active service, the U.S. Court of Appeals for the Ninth Circuit is already the nations largest federal appellate court. The court is so large that it …
Divided Sixth Circuit Upholds Kentucky Abortion Regulations
On Friday, in EMW Women’s Surgical Center, et al. v. Friedlander, a divided panel of the U.S. Court of Appeals for the Sixth Circuit vacated a permanent injunction against Kentucky’s …
Today in Supreme Court History: October 18, 1960
10/18/1960: Gomillion v. Lightfoot argued. The Warren Court (1958-1962) ReasonFounded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil liberties, …
Salvaging Secession
Break It Up: Secession, Division, and the Secret History of America’s Imperfect Union, by Richard Kreitner, Little, Brown and Co., 496 pages, $30 The late Thomas Naylor, gentle godfather of …
Defendant Says He’d Never Rape Someone; Is Rape Accusation from When He Was 15 Admissible in Response?
Justice Dirk Sandefur’s majority opinion (jointed by Justices Laurie McKinnon, Beth Baker, and Ingrid Gustafson) in State v. Pelletier, decided Oct. 6 but just posted on Westlaw, involved a classic …
“World’s Worst Superhero”
World’s worst superhero. pic.twitter.com/gkjElEVW6n — John pitchford???? (@Johnnypapa64) August 1, 2020 Thanks to Prof. Victor Mair (Language Log) for the pointer. ReasonFounded in 1968, Reason is the magazine of free …
Minnesota Order Banning “False or Defamatory Statements” Limited to Knowingly False And Defamatory Statements
The rest of the opinion is interesting, too; from State v. Bianco, decided this week by the Minnesota Court of Appeals, in an opinion by Judge Frisch (joined by Judges …
The Feds Have Doled Out Record Farm Subsidies To Save Trump’s Campaign
With the presidential election now just over two weeks away, President Donald Trump has mounted a frantic effort to ensure America’s farmers, a key Trump voting bloc, will support his …