Would a Justice Barrett Be Required to Recuse in the Texas ACA Case?
Earlier this fall, Judge Amy Coney Barrett participated in a moot court on the Texas ACA case at the William and Mary Institute of Bill of Rights Law’s 2020 Supreme …
Reason
Presidential Disability: A Quick Summary
Whenever the President is ill, people understandably wonder how our system decides when the Vice-President needs to take over. Article II of the Constitution contemplated this, but without giving much …
Will the Senate Have a Quorum to Confirm Judge Barrett? (Updated)
Article I, Section 5 of the Constitution provides: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall …
Public Disclosure of Presidential Illnesses
Is the White House releasing timely and accurate information about the President’s medical condition? There are plenty of reasons to be skeptical. This White House is anything but a model …
Today in Supreme Court History: October 3, 1990
10/3/1990: Justice David Souter takes the oath. Justice David Souter ReasonFounded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil …
The Case Against Biden: Joe Biden’s Politics of Panic
During a Democratic presidential debate last year, Cory Booker weaponized one of Joe Biden’s proudest accomplishments. The New Jersey senator noted that the former vice president, who represented Delaware in …
Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional?
In an influential 1995 article, Professors Akhil and Vikram Amar argued that the 1947 Presidential Succession Act was unconstitutional. This law places the Speaker of the House next in line …
Why We Really Keep Seemingly Beneficial Drugs Off the Market
President Trump has received a non-FDA approved drug under a “compassionate use” exemption. Can a legal regime that allows the President access to a medicine but generally prohibits the public …
No Temporary Restraining Order Against Airing of Discovery’s The Lost Lincoln
The opinion is Spolar v. Discovery Communications, LLC, handed down today by Judge Stephen V. Wilson: Discovery describes the documentary, entitled The Lost Lincoln, as “follow[ing] professional authenticator Dr. Whitny …
Michigan Supreme Court Invalidates Governor’s COVID Order
The case is In re Certified Questions; I doubt I’ll be able to analyze it in detail, but here is the court’s summary of the opinions: [1.] The Michigan Supreme …