It comes with the territory obviously, but its predictability doesn’t make it any less ridiculous or frustrating. Jeffrey Toobin and David Brooks have fired the first shots, outlining the many failings of Edward Snowden because...
Today’s story about the Justice Department obtaining two months’ worth of telephone records from the Associated Press, apparently without a warrant and without any sort of prior notice to the people or entity thus...
The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first. You’d probably guess it has to do with how we can know what 18th century Americans were thinking. And how can anyone know what Americans more than two and a quarter centuries ago thought “due process” was, or what a “reasonable search and seizure” was? We can hardly get consensus on […]
The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first. You’d probably guess it has...
Note: This post is part of our League Symposium on Guns In America. You can read the introductory post for the Symposium here. To see a list of all posts in the Symposium so...
Does the Constitution assume certain presuppositions on the part of those it means to govern? If so, what are those presuppositions? I submit the answer to the first question is yes, and explain the...
A certain kind of religious activist takes it as a given, and as an imperative, that the Decalogue must be displayed prominently on and in public buildings. Gratefully, these folks are rare; sadly, they have influence...
This is the first in a series of posts about general jurisprudence. In this post, I will cover Austin’s view. I will give a simple overview on what his views are, what is good...
I’ve been MIA recently, most due to some other projects I’ve been working on. But I’ll have some deeper thoughts on the following later on…right after I’ve succeeded in picking my jaw back up...
Among Catholics who have heard about the issue: 55% favor exemptions from HHS directive 39% don’t Protestants: 51% yes 39% no All voters: 48% yes 44% no Quick Analysis: This is not a non-issue.
A new study by David S. Law and Mila Versteeg concludes that the world’s democracies are no longer emulating the U.S. Constitution, and are instead resorting to other templates that guarantee more “generic building...
In a comment on Shawn Gude’s previous post on the main page about the Occupy movement, I asked who the “1%” is and whether Occupy protesters were primarily aggrieved about “Wall Street,” or whether...
A few liberal writers have suggested that the Seamen Mandate of 1798 provides some sort of constitutional precedent for the Affordable Care Act. Avik Roy helpfully demolishes that myth here.
by Kyle Cupp Writing at ThinkProgress, Ian Millhiser explained and ridiculed what he and others have taken to calling “tentherism,” the interpretive framework of the “tenthers.” Their label brings to mind birthers, truthers, and...
I go back and forth on what I think about the propriety of the filibuster for legislative purposes, although I’m inclined towards the view that the filibuster is on the whole a good thing...
A pretty good George Will column on the constitutionality of a health insurance mandate. I’m waiting on our resident legal expert to weigh in with a more informed opinion.
Will asked me to comment on this op-ed by Jack Goldsmith and Benjamin Wittes pleading with Congress and the President to formulate clear rules regarding detention policy in the War on Terror. Although I...
I’ve been out of pocket from the political realm for a week and a half, but President Obama’s claim that a health insurance mandate is not a tax strikes me as marginally good politics...
In my recently concluded interview with Publius from ObsidianWings on the role of the administrative state, a central question was how citizens can better hold the executive and legislative branches accountable and prevent regulatory...
I wanted to give a lawyer’s perspective to the discussion of judicial activism the decision has spawned between William, John, and E.D., arising in part due to Mr. Sullum and Mr. Whelan. To be sure,...
Due to problems related to a WordPress update, the site's layout had to be moderately altered. Some of the changes are temporary.
on Open Mic for the week of 3/24/25Kennedy pushes out top Vaccine doc at FDA, I bet we are about a year away from vaccine bans: https:/…
on Weekend Plans Post: Pantherine VandalsDate Nite With Maribou was "Wicked". I'd never seen it, never seen the musical, never heard the soun…
on Open Mic for the week of 3/24/25Is that before or after he tries to migrate Social Security off its legacy systems and onto newer on…
on Open Mic for the week of 3/24/25I don't see even the slightest connection to George Floyd. All reviews say the movie is a trainwreck… on Open Mic for the week of 3/24/25https://www.app.com/story/news/nation/2025/03/28/donald-trump-elon-musk-leaving-doge-may-2025-report…
on Open Mic for the week of 3/24/25One full of and run by f*cking idiots. on Open Mic for the week of 3/24/25And we managed to really alienate Canada. What kind of country manages to alienate Canada? on Open Mic for the week of 3/24/25Apologies on Open Mic for the week of 3/24/25You know how, periodically, there's a situation in California that results in house insurance compan… on The HoldoutIs it just thumb wrestling and something you say before the match? It's not a rhyme and googling it…
March 28, 2025
They’re Acting Queer in Cleveland
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A Loaf of Bread, a Container of Milk, and a Stick of Butter
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Bowling — Balling Up the Score
March 25, 2025
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