As President Donald Trump prepares to appoint a second Supreme Court justice, the national dialogue has been saturated with gossip over what judicial philosophy the next nominee might bring to the bench. For legal nerds, SCOTUS nominations are what the World Cup is to soccer fans: the one time everyone else cares about your passion. […]

I will save you and you shall be a blessing. –Zechariah 8:13 From everyone to whom much has been given, much will be required; and from the one to whom much has been entrusted, even more will be demanded. –Luke 12:48 With great power comes great responsibility. —Benjamin Parker As we explain elsewhere, we here […]

Article I, Section One vests “[a]ll legislative Powers” in Congress. Among other things, this means that “[e]xcept in a few areas constitutionally committed to the Executive Branch, the basic policy decisions governing society are to be made by the Legislature.” Mistretta v. United States, 488 U.S. 361, 415 (1989) (Scalia, J., dissenting). Neither the text itself nor […]

“[A] court . . . which should allow a change in public sentiment to influence it in giving to a written constitution a construction not warranted by the intention of its founders, would be justly chargeable with reckless disregard of official oath and public duty . . . . What a court is to do, therefore, is to declare the law as written, leaving it to the people themselves to make such changes as new circumstances may require.”

[T]he interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests recognized by this Court. –Troxel v. Granville, 530 U.S. 57, 65 (2000) (plurality op.) *********************************** In In the Interest of H.S., a Minor Child, the Texas Supreme Court concluded that anyone in a “parent-like role” […]

It is most true that this Court will not take jurisdiction if it should not; but it is equally true that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. […]

[Eds. Note: We’re pleased to be able to share this piece by John Ehrett, who joins us as a guest author] Most government buildings are pathologically ugly. By “government buildings,” I don’t mean iconic structures like the Lincoln Memorial or the White House. I mean the garden-variety government buildings that sit in medium- to large-sized […]

For anyone remotely tuned-in to public dialogue on law and policy, the criticism that a proposed action is unconstitutional is a familiar one. But while some exclaim, “That’s unconstitutional!” others just as readily respond, “Who cares?” At least anecdotally, the honest answer to that question seems to be “some, but not others.” One may venture […]

Several environmental groups are teaming up with property rights advocates to file suit against the Federal Regulatory Commission (FERC), challenging the Commission’s use of eminent domain in siting pipelines. In October, Mountain Valley Pipeline filed a lawsuit in federal court against Virginia landowners to initiate the acquisition of easements via eminent domain authority through their […]

“When I was 17, it was a very good year.” In October, scientists from Caltech announced that they had detected gravitational waves resulting from the collision of two black holes 1.3 billion years ago. While such phenomena is predicted by the theory of relativity, it remained unobserved until just a few months ago. A small […]

The people who walked in darkness have seen a great light; those who lived in a land of deep darkness—on them light has shined. . . . For a child has been born for us, a son given to us; authority rests upon his shoulders; and he is named Wonderful Counselor, Mighty God, Everlasting Father, […]