Category Culture

Justice Don Willett’s Uncontroversial Commitment to the Constitution

The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]

Attorney General Sessions Speaks at Georgetown Law

Yesterday, we published a post I wrote about the troubling state of civic life in today’s environment of identity politics. The same morning, Above the Law published a piece that illustrates the follies of tribalism I intended to condemn in my post. In what is either an attempt to create controversial click-bait or simply a […]

The First Amendment: A Right Against Bared Arms

The past weekend’s white nationalist rally in Charlottesville meant déjà vu all over again regarding the status of “hate speech” under the First Amendment. As a positivist matter this debate is a nonsense: uncountable cases made it quite clear over the past hundred years that bigots are entitled to speak their mind. “Hate speech” is […]

This Laughter Kills Fascists

Another weekend, another spectacle. This time it took the form of a “#UniteTheRight” rally in Charlottesville, Virginia, where the self-appointed saviors of Western Civilization gathered to congratulate themselves on their self-proclaimed cultural superiority. On Friday evening, a subset of these gathered to lead a torch-lit march through the campus of the University of Virginia, for […]

Joe Arpaio, Thug Life

“Know, then, that now, precisely now, these people are more certain than ever before that they are completely free, and at the same time they themselves have brought us their freedom and obediently laid it at our feet…they have finally overcome freedom, and have done so in order to make people happy.” – The Brothers […]

The TVPRA: Standing at the Watchtower of Human Freedom

If the TVPRA can bring together Democrats, Republicans, Catholic Bishops, immigrant support groups, and President Donald Trump, that is truly something worth celebrating. And for a bill to create such desperately needed unification over so fundamental a cause, how fitting it should bear the name of a man who dedicated his life to agitating the American conscience: Frederick Douglass.

Crying Havoc

Continuing the long tradition of hackneyed attempts to “make Shakespeare relevant,” Shakespeare in the Park this summer chose to stage its production of Julius Caesar with an eye towards current events. The conqueror of Gaul was therefore rendered with ginger hair and a red tie worn long enough to conceal ones manhood. Considering the probable […]

The Way of the Gun

“The mountains are high, and the Emperor is far away.” In the opening paragraphs of To Kill A Mockingbird, Scout ponders the meaning of her brother’s broken arm. “It began with Andrew Jackson,” she decides: “if General Jackson hadn’t run the Creeks up the creek, Simon Finch would never have paddled up the Alabama,” and […]

Chief Justice Roberts and Original Spelling(e)

Patent exhaustion reached the SCOTUS docket last year, in the form of Impression Products v. Lexmark International. Handing down its 8-0 opinion this Tuesday (7-1 when counting RBG’s partial dissent from the resolution of the cross-border question) the Court delivered—in Ronald Mann’s words—a judgment “full of quotable maxims certain to populate the U.S. Reports for […]

Imagine A Boot Stamping On A Human Face, Occasionally

George Orwell once pointed out that fascism, in contemporary usage, no longer held any meaning beyond “thing I do not like.” He published that essay in 1944. Matters have not improved much since. To clarify for the record: Fascism was a European movement of the 1920s and 1930s, particularly in Italy, in part in Spain. […]