[S]tare decisis is neither an inexorable command, nor a mechanical formula of adherence to the latest decision, especially in constitutional cases. If it were, segregation would be legal . . . . —Citizens United v. FEC, 558 U.S. 310, 377 (2010) (Roberts, C.J., concurring) (cleaned up) ************************** The decision was 7-1. In the ensuing decades, it had been […]

All we say to America is, “Be true to what you said on paper.” –Dr. Martin Luther King Jr. (April 3, 1968) ***************************** Our nation began with what is and will ever remain one of the most eloquent pronouncements of natural right ever uttered: We hold these truths to be self-evident, that all men are […]

Article I, Section One vests “[a]ll legislative Powers” in Congress.[1] 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.”[2] Congress cannot delegate the power to make the law to another entity (or, for that […]

“[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.”

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. […]

[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 […]