Volokh Conspiracy

After all the Court packing, Randy and I will have to write a book about the current members of the Court: 100 Supreme Court Justices Everyone Should Know. This post has been republished with permission from a publicly-available...

In 2016, I wrote an article titled, “SCOTUS after Scalia.” I wrote a section on the short-sightedness of the Chief Justices’s so-called “long game.” What I wrote in 2016 resonates even more so...

2016: Asked if the Senate had an obligation to assess Judge Garland’s qualifications, her answer was immediate. “That’s their job,” she said. “There’s nothing in the Constitution that says the...

A few moments ago, I posted my statement about Justice Ginsburg’s death. Here, I would like to discuss how her passing will affect the Supreme Court before her successor is confirmed. First, there are now only eight...

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. Over at The Washington Post (paywall), IJ’s first-ever client, African-style hair braider Pamela Ferrell, is profiled at...

There are often attempts at humor or wit in law review article titles, and many of them fail. (Many attempts at humor or wit in other contexts fail, too.) But every so often one comes around that works (or at least works for...

Please feel free to write comments on this post on whatever topic you like! (As usual, please avoid personal insults of each other, vulgarities aimed at each other or at third parties, or other things that are likely to poison...

At the Law & Liberty site today, I have a review of Louis Fisher’s new book on judicial supremacy, Reconsidering Judicial Finality. Contra Fisher, I argue in favor of judicial supremacy, properly understood as a...

We had a very interesting and enjoyable preliminary private conversation on the subject a couple of weeks ago (just for The Practice Effect), and I much look forward to this public version. Please join us! Here are the details:...