The Moore case illustrates how difficult some of the court’s work can be. It also illustrates the ignorance and partisanship of many legal commentators and the foolishness behind the ubiquitous claim that the court has a “6–3 conservative bloc.”
The post The Highly Political and Misunderstood Case of Moore v. Harper first appeared on Tenth Amendment Center.
The first round of the federal lawsuit against the Missouri Second Amendment Preservation Act (SAPA) is in - and the feds won this one, but that shouldn’t be a surprise to anyone. An appeal is on the way, and if you want to learn all the ins-and-outs of the case - and what might happen next - this episode is the number 1 place to be.
The post DOJ vs Missouri 2nd Amendment Preservation Act: Round 1, Feds Win first appeared on Tenth Amendment Center.
If they can violate your rights and get away with it - because they said so - you never really had any rights in the first place.
The post Federal Courts Fail to Protect Liberty first appeared on Tenth Amendment Center.
In the bump stick case, the plaintiffs demonstrate what not to do; surrender their bump stocks and then sue after the fact. They should have refused to turn them in to anyone and fought for legislation prohibiting local law enforcement from actively assisting any federal authorities on the matter.
The post Supreme Court Upholds Bump Stock Ban. Again. first appeared on Tenth Amendment Center.
It's hard to know the significance of Pinckney's suggestions even if he really made them at the Convention (and we can't be sure he did)
The post Charles Pinckney and Moore v. Harper first appeared on Tenth Amendment Center.
This week, the Supreme Court of the United States is confronting yet again an issue that has bedeviled it for the past 30 years: the use of racial quotas by government-owned universities and private universities that accept government funding.
The post The Government and Race first appeared on Tenth Amendment Center.
Conventional wisdom tells us federal courts will protect our rights better than state courts. This is why virtually everything is turned into a federal case. But two recent cases relating to cell phone search warrants reveal this isn't always the case.
The post Federal Courts Aren’t Always Better: Cell-Phone Search Warrant Edition first appeared on Tenth Amendment Center.
And it would demonstrate that originalist judging is not (as some have charged) just a cover for a conservative agenda.
The post Another Shot at the Insular Cases first appeared on Tenth Amendment Center.
the fact that the MQD applies a clear statement rule instead of applying close textual analysis isn’t novel or contrary to originalism.
The post An Originalist Defense of the Major Questions Doctrine first appeared on Tenth Amendment Center.
The Dobbs opinion makes factual claims about the historical treatment of abortion -- in the 1600s, but more importantly in the 1700s and 1800s. Is this history incorrect?
The post Bad History at the Supreme Court? first appeared on Tenth Amendment Center.