A Rare Win at the Supreme Court (Podcast)
I don't normally get very excited about what the Supreme Court does. But when it's right, it's right!
Supreme Court Betting on College Sports
In a baby step back toward protecting reserved State Powers, the Supreme Court on Monday overturned a twenty-five year old federal law called The Professional and Amateur Sports Protection Act (PASPA). The Act was originally signed into law in 1992 to target organized markets for sports gambling. This federal law was not a flat ban…
Warning: A Federal Court Strategy is Dangerous for Liberty
Some people believe that even the most local violations of your rights should be dealt with in federal court. But going this route only ensures that bad decisions are bad for everyone.
The Myth of Marbury v Madison
The Constitution itself is supreme, not the opinion of any person or group of people in any branch of government.
Was Marbury v. Madison Good for American Government?
Take any American history or political science course and you are certain to talk about the landmark Supreme Court case of Marbury v. Madison. I could probably also surmise that you will be told this is precisely the role the Constitution gave the judicial branch. That, of course, would be wrong, but this would be…
Reviving the Nondelegation Doctrine
"Gorsuch’s standard would still be important, as it would strike down a delegation arguably for the first time since the New Deal. And once that occurs, it becomes easier for the Court to strike down other delegations."
Jury Nullification: Why the Bundys Walk From Prosecution
Bundy arguments brought focus to three concerns: federal land within a sovereign state, the Constitution, and what is known as Jury Nullification.
Sport Betting Case Before SCOTUS has Tenth Amendment Ramifications
Last week, the Supreme Court heard testimony on a case that could reinvigorate the Tenth Amendment of the Constitution. Surprisingly, it’s all about football and sports betting in the State of New Jersey. The results of Governor of New Jersey v. National Collegiate Athletic Association may have consequences for a range of issues, including gun…
Jesner v. Arab Bank and the Original Meaning of the Alien Tort Statute
Today the Supreme Court hears argument in Jesner v. Arab Bank, in which plaintiffs seek to use the so-called Alien Tort Statute (ATS) as the basis to impose liability on Arab Bank, a Jordanian entity, for allegedly giving financial support to Hamas’ terrorist operations in Israel and the Palestinian territories. The ATS provides federal court jurisdiction…
A Bad Supreme Court Term for Originalism?
With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court. But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on…