Today is the 112th anniversary of the U.S. Supreme Court’s decision in Lochner v. New York. Never has the republic needed the type of judicial engagement that was on display in Lochner more than it does today. Professor Barnett explains.
These views are mine alone, but they should be yours, too.
The American left ought to recognize that the Federalist Society, at least in some respects, disciplines the excesses of modern conservatism by mainstreaming classical liberal ideas. (Keep reading)
My new law review paper examines the States’ disparate approaches to policing coordination between candidates and independent expenditure groups. (Keep reading)
Today is the 112th anniversary of the U.S. Supreme Court’s decision in Lochner v. New York. Never has the republic needed the type of judicial engagement that was on display in Lochner more than it does today. Professor Barnett explains.
Tennessee progressives misunderstand the vertical distribution of power between Washington and the states compared to that of the Volunteer State and its municipalities. (Keep reading)
Senate Republicans did not “steal” a seat from Merrick Garland, President Obama, or the Democrats. They simply declined to consider him at all, which they are well within their prerogative to do under the Constitution. (Keep reading)
Pro Publica ridiculously calls the Federalist Society a “secretive” organization. Their memory seems awfully short. (Keep reading)
Grant Starrett offers a pithy response to Senator Chuck Schumer threat to filibuster Judge Neil Gorsuch’s nomination to the Supreme Court. (Keep reading)
The “original public meaning” philosophy of interpreting the Constitution is quite different from interpretation based on the original “intent of the Founders.” (Keep reading)
Why, oh why, can’t we have better journalists? (Keep reading)
Torture occurring in art doesn’t make the art–or its viewers–morally reprehensible, even if it makes us uncomfortable. (Keep reading)