Two Cheers for Chief Justice Roberts on the Unitary Executive Trump v. Slaughter is a big win; Trump v. Cook is embarrassing given the posture of the case as explained in the dissents. Reason · Jul 1
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989 Humphrey's Executor from 1969 to 1989. Reason · Jan 11
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921 Every president from 1901 to 1921 successfully defended presidential removal power at will. Reason · Jan 7
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901 Every president from 1881 to 1901 successfully defended presidential at-will removal power. Reason · Jan 6
Should the Seventh Amendment Civil Jury Trial Right Apply to the States? The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate. Reason · Jun 9, 2025
President Trump Made History Last Week on the Supreme Court's Shadow Docket The Supreme Court very strongly hinted that it will overrule, or greatly narrow, Humphrey's Executor v. United States (1935). Reason · May 28, 2025
Special Counsel Jack Smith's Appointment Is Unconstitutional Everything he has done since Nov. 2022 is null and void. Reason · Dec 20, 2023
The Amar Brief in Moore Should Not Be Embraced: Part 2 Oral Argument in Moore v. United States will be held on Tuesday. Must taxes on unrealized gains (crucial for a future wealth tax) be apportioned equally among the states? Reason · Dec 3, 2023
Donald Trump Should be on the Ballot and Should Lose In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment. I have now changed my mind and have concluded that since Trump was not "an officer of… Reason · Sep 16, 2023