Seen on the Beltway

The 1st Amendment on four wheels.

Milley’s Soft Coup

While well-intentioned, the Chairman’s actions were illegal and dangerous.

More on Standing

Some Notes on the Ruling and the Dissents in the Texas Abortion case

A few observations on Whole Woman’s Health, et al., Applicants v. Austin Reeve Jackson, Judge, et al.

On Civil Enforcement and Bounties

Regardless of one’s views on abortion, the enforcement provision in the new Texas law should be concerning.

Ivermectin and Irresponsible Infotainment

Sound decisions require sound reporting.

Timeline Ripped Out of Arkansas Yearbook

When “the news” isn’t just “the news.”

F- Biden Signs and Free Speech

I know obscenity when I see it and this ain’t it.

The New Red Scare

Fear of Chinese spies led to a bizarre and illegal operation within the Commerce Department.

The Problem isn’t Breyer, it is one of Constitutional Design

Put the frustration where it belongs.

SCOTUS Strikes Down Disclosure Law

Another 6-3 decision along ideological lines.

Florida’s Campus Speech Law

Ron DeSantis and friends are afraid of higher education.

SCOTUS Says Cheerleader’s Snapchat F-Bomb Protected by 1st Amendment

Another narrowly-crafted but overwhelming opinion from the Supreme Court.

Smart Designers Create Imperfect Rules

Even the smartest designers can’t anticipate all the flaws with the rules they write.

Defining ‘Extremism’ in the Military

It’s harder than a looks, especially given the limited size of the problem.

Gorsuch and Alito Want to Revisit Religious Accomodations

Is a de minimus standard too small?

Transphobia, Academic Freedom, and the First Amendment

The 6th Circuit is allowing a professor fired for misgendering a transwoman to sue his state university.

Stop Blaming the Framers for Everything

America’s institutions are undemocratic but only some of them are a product of the Constitution.

This image is released free of copyrights under Creative Commons CC0 via pXhere. This image is released free of copyrights under Creative Commons CC0 via pXhere.

SCOTUS Lifts California Worship Ban

How should we balance public health and fundamental rights?

Trump Wants to Push ‘Stolen Election’ Claim in Senate Trial

The man still can’t get out of his own way.

On Constitutionality and Impeaching a Former President

The problem is theoretical at best and cannot stop the Senate from acting.

Trying an Impeached Former President

The legal debates are unsettled but we can all agree that Rand Paul is a moron.

Congress Pushing to ‘Ratify’ ERA by Fiat

Amending the Constitutional through unconstitutional means is a very bad idea.

Keystone and Executive Fiat

President-Elect Biden is planning a big first few days, Congress be damned.

Pelosi and Schumer: 25th or Impeachment

And here we go.

Ousting Trump Early Incredibly Unlikely

The President of the United States is a national security threat. Can we get rid of him now?

Congress Certifies Biden Win

It’s finally officially official.

Can Schools Punish Students for Off-Campus Speech?

Social media makes the line much harder to draw.

The 25th Amendment Fantasy

The zombie idea for ousting an erratic and dangerous President.

The Next Attempt to Subvert

January 6th, when the electoral votes are counted.

A 2020 Legal Dispute That’s Not Over

A case involving Pennsylvania may not be resolved for quite some time. Thankfully, it’s immaterial to the election outcome.

SCOTUS Strikes Down New York Church Closures

The right to worship trumps the public’s health.

They Had the Votes

Disconnected representation in action.

Does the Constitution Cover Texas?

The Lone Star state is making up its own rules.

Thoughts on ACB and SCOTUS in General

Some judicial alphabet soup in dialog with my co-blogger.

Biden Open to SCOTUS Expansion

After weeks of evasion, the frontrunner hints at a compromise policy.

Pelosi’s 25th Amendment Commission

A clever political gambit that raises real issues.

Supreme Court Reform Bill

An interesting but unlikely-to-pass bill is about to be introduced.

Is Federalism the Real Problem?

A fundamental building block of our system makes it nearly impossible to fix.

A Defense of Expanding the US Supreme Court

It is about finding ways to combat minority rule.

Trump Loses Census Case

It will, however, be appealed to SCOTUS.

President Donald J. Trump disembarks Marine One Sunday Aug. 9, 2020, at the Elberon Park landing zone in Long Branch, N.J. (Official White House Photo by Shealah Craighead) President Donald J. Trump disembarks Marine One Sunday Aug. 9, 2020, at the Elberon Park landing zone in Long Branch, N.J. (Official White House Photo by Shealah Craighead)

Six Responses to Six Scenarios

Yet another call for military intervention in domestic politics.

Giving the Framers a Break

The American political system is broken but it’s not fair to blame that on its architects.

The Consequences of Design

The convergence of design flaws in the constitution and a flawed leader have brought us to brink of an electoral crisis.

62% of Americans Afraid to Share Political Views

An interesting if frustrating new survey from Cato.

Portland Mayor Tear-Gassed

Federal agents deployed nonlethal force against peaceful demonstrators.

Is the Death Penalty Unconstitutional?

Dissenters to a denied emergency appeal argue it is.

SCOTUS Allows Subsidies for Religious Schools

A seemingly obvious result that isn’t.