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Shut up! They Said

Leading up to Justice Kennedy’s fateful 5-4 decision, there was plenty of debate on both sides, and the proponents of same-sex marriage emphasized that they just wanted to be treated the same as heterosexual couples.  They even coined the deceptively simple slogan, “Marriage Equality.”  That was then. As soon as the proponents of same-sex marriage prevailed…

Progressivism, Purposivism, and Historical Contingency

For its lay audience City Journal asked me to explain the King v. Burwell decision, which permitted federal exchanges under…

Confederate Flag-Waving at the Supreme Court

“I understand you are preparing to celebrate the ‘Fourth,’ tomorrow week. What for?” —Abraham Lincoln's words to the people of Springfield…

From the Blog

Mike Rappaport
University of San Diego School of Law

It’s the Kennedy Court

There have been a number of recent reports on how and why the Supreme Court…

My Reactions to King v. Burwell

I am a strong opponent of Obamacare.  But once I realized that a decision in…

Departmentalism versus Judicial Supremacy – Part IV: The Argument Based on the Constitution Being a New System

In my last post, I noted that the advocates of departmentalism do not rely on…

John O. McGinnis
Northwestern University School of Law

Progressivism, Purposivism, and Historical Contingency

For its lay audience City Journal asked me to explain the King v. Burwell decision,…

Uniting the Court’s Adherents of the Rule of Law

The story of this term has been a united block of the left on the…

The Incautious Justice Kennedy

While many have celebrated the result in Obergefell v. Hodges, fewer have praised the craftsmanship…

Mark Pulliam
Attorney

Shut up! They Said

Leading up to Justice Kennedy’s fateful 5-4 decision, there was plenty of debate on both…

Post-Modern Creative Destruction

My last post ended with a glancing reference to Joseph Schumpeter, and a teaser for…

Guardians of the New Class

Those of us who believe in the rule of law and limited government are understandably…

Liberty Law Forum

MADISON, WI - MARCH 12:  Thousands of demonstrators protest outside the Wisconsin State Capitol March 12, 2011 in Madison, Wisconsin. Organizers were expecting 200 thousand participants to attend the rally to voice their opposition to Governor Scott Walker public sector union reforms.  (Photo by Scott Olson/Getty Images)

Is It Curtains for Mandatory Public Sector Union Dues?

In America’s experiment with unionized government, 2005 was a watershed year. California was then in the second year of the Age of Arnold. Elected on a pledge to put the Golden State’s dysfunctional fiscal house in order, Governor Schwarzenegger terminated the car tax on his first day in office. In his first year, the Republican and…

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