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.

SCOTUS Allows Subsidies for Religious Schools

A seemingly obvious result that isn’t.

Supreme Court Strikes Down Louisiana Abortion Law

A reprise of an almost identical case with a different group of Justices–and the Chief Justice switching sides.

President Trump Departs for Florida President Donald J. Trump salutes as he boards Marine One on the South Lawn of White House en route to Joint Base Andrews Md. Saturday, May 30, 2020, for his trip to Cape Canaveral, Fla. (Official White House Photo by Joyce N. Boghosian) President Trump Departs for Florida President Donald J. Trump salutes as he boards Marine One on the South Lawn of White House en route to Joint Base Andrews Md. Saturday, May 30, 2020, for his trip to Cape Canaveral, Fla. (Official White House Photo by Joyce N. Boghosian)

Trump Threatens Troops to ‘Dominate’ and ‘Put Down’ Movement

The President of the United States is on the precipice of fascism.

Trump Targets Social Networks

The President has been Twitter on their own platform. Now, he’s following through.

Are Electors Free to Choose?

SCOTUS and “faithless electors.”

White House Coronavirus Update Briefing President Donald J. Trump listens as a White House video plays the media’s response to the Coronavirus (COVID-19) during an update briefing Monday, April 13, 2020, in the James S. Brady Press Briefing Room of the White House. (Official White House Photo by D. Myles Cullen) White House Coronavirus Update Briefing President Donald J. Trump listens as a White House video plays the media’s response to the Coronavirus (COVID-19) during an update briefing Monday, April 13, 2020, in the James S. Brady Press Briefing Room of the White House. (Official White House Photo by D. Myles Cullen)

Trump Threatens to Adjourn Congress to Get Appointees In

The President is learning more about the Constitution every day.

Trump Floats National Quarantine, Backs Off

The Constitution in times of extreme crisis.

DOJ Wants Emergency Powers

How do we balance societal and individual rights during a pandemic?

Ginsburg Says Start Over on ERA

A feminist icon offers some advice her allies will not want to hear.

Trump’s Acquittal and American Democracy

Has this precedent permanently damaged the country? Or is it just politics as usual?

Senate Republicans Think Trump Guilty, Shouldn’t Be Removed

A binary choice will produce a worse outcome than necessary.

We Don’t Need Witnesses

What difference at this point does it make?

What if November’s Loser Refuses to Concede?

There’s a very real possibility the legitimacy of the 2020 election will be contested.

No, Citizens United Didn’t Ruin Our Democracy

Money has increasingly dominated American politics but the court case had little to do with it.

Virginia Putting ERA over the Top?

The Commonwealth is about to become the 38th State to ratify the Nixon-era Amendment.