January 6 Committee Divided on Which Non-Starter Recommendations to Make

They’re taking their eye off the ball.

Pretextual Searches on the Interstate

Assumptions of racial animus are overshadowing a story that’s outrageous enough on its own.

Protesting at Officials’ Homes

Is harassing judges, mayors, Senators, and the like in their private lives just free speech?

Clarence Thomas on Stare Decisis

Not so conservative.

Banning ‘Insurrectionists’ Redux

Lawyers in North Carolina are trying to get a Congressman off the ballot.

SCOTUS Rejects House Republican Challenge to Proxy Voting

The court wisely deferred to Congress in setting its own rules.

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On Narratives and Covid Restrictions

Are we really being blocked from getting back to normal? And if so, what is the real barrier?

The Disqualification Clause and January 6

A provision of the 14th Amendment to keep Civil War generals out of office is back in play.

SCOTUS Mythology Exposed

We deserve better.

1+1=3 1+1=3

Pence Likens Election Reform to Capitol Riots

It doesn’t add up.

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.

Smart Designers Create Imperfect Rules

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

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.

POTUS Should Be Just A Job

The distance in accountability between the highest and the lowest must be shortened.

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.

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.