A Simple Way to Protect Domestic Violence Orders Against the Next...
Media reports of the Supreme Court’s decision this June in United States v. Rahimi have stated that the Court upheld the federal ban on gun possession by individuals subject to domestic violence...
View ArticleConundrums of Constraint: United States v. Rahimi and the Future of the Bruen...
On June 21, the Supreme Court decided United States v. Rahimi, overturning the Fifth Circuit’s application of the newly minted test for evaluating the constitutionality of firearm regulations under...
View ArticleEnforceable Ethics for the Supreme Court
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime for the Supreme Court. Vice President Harris and...
View ArticleSixth Circuit Upholds Overbroad Speech Policies in Parents Defending...
The Supreme Court clarified how to analyze First Amendment facial challenges to state laws last Term in NetChoice v. Moody. Facial challenges are typically challenges to a law as wholly...
View ArticleSmith v. Arizona
The Sixth Amendment’s Confrontation Clause protects the right of “the accused” in a criminal prosecution “to be confronted with the witnesses against him.” In one context, it ensures defendants have...
View ArticleDepartment of State v. Muñoz
Marriage bestows upon a couple a set of rights, and chief among them is the ability to live with one’s spouse. However, this right seems to vanish if one spouse happens not to be a U.S. citizen....
View ArticleUnited States v. Rahimi
More than fifteen years after the Supreme Court’s decision in District of Columbia v. Heller, “the right of the people to keep and bear Arms” is no longer “a ‘second-class’ right.” As the focus of...
View ArticleVidal v. Elster
“History and tradition” has become a dominant mode of constitutional interpretation at the Supreme Court in recent Terms. But, while the Court’s conservative Justices largely agree that history should...
View ArticleCFPB v. Community Financial Services Ass’n of America
The Appropriations Clause provides that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” In CFPB v. Community Financial Services Ass’n of America...
View ArticleStructural Logics of Presidential Disqualification
Introduction On March 4, 2024, a unanimous bench of the U.S. Supreme Court reversed a Colorado Supreme Court ruling removing former President Donald Trump from the state’s Republican primary ballot as...
View ArticleOriginalism’s Age of Ironies
Guns, abortion, religious establishments, presidential power: While today’s Supreme Court identifies as originalist, it has settled constitutional questions on these and many other issues using...
View ArticleEqual Protection Prophylaxis
The Equal Protection Clause generally forbids the government from making distinctions based on race or other suspect classifications, like religion. But, of course, discrimination still happens, and...
View ArticleFiction at the Court
Introduction In her revelatory Foreword to this year’s Supreme Court issue of the Harvard Law Review, Professor Karen Tani illuminates how the Supreme Court has been reshaping dominant narratives...
View ArticleAnchors Astray: Why the Service Academy Exception is Wrong
Last month, Judge Richard Bennett of the District of Maryland ruled that the U.S. Naval Academy can continue using race in its admissions decisions. This ruling creates an unjustified exception from...
View ArticlePragmatism or Textualism
Introduction For more than forty years, I have served as a federal judge — about fourteen years on a court of appeals, and twenty-eight years as an Associate Justice of the Supreme Court. Judges of...
View ArticleSweeping Section Three Under the Rug: A Comment on Trump v. Anderson
Introduction “Great cases,” the saying goes, “like hard cases make bad law.” The aphorism, from Justice Holmes’s dissent in the Northern Securities case, came with an explanation: Great cases like...
View ArticleBianchi v. Brown, 111 F.4th 438 (4th Cir. 2024) (en banc)
“The AR-15 is the best-selling rifle in the United States,” with as many as 16 million Americans owning an AR-15-style firearm. “Assault weapons” like the AR-15 are also disproportionately the weapon...
View ArticleSnails, Trains, and Pragmatist Claims
Introduction A high school biology teacher was traveling on a train from Nantes to Paris. She had with her, in a wicker basket, twenty live snails. The train conductor asked her what was in the...
View ArticleDetermining Rights
Abstract This Article explores Founding-era views about the grounding of constitutional rights and how those rights obtained determinate legal content. Today, we typically view constitutional rights...
View ArticleH.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024)
With minors spending more time than ever on social media, many parents are concerned about its effects on their children. In response, legislatures across the country have passed laws limiting minors’...
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