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The Souterian and Rehnquistian Views of Legal Talent
Andy Smarick
Latest Articles
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Administrative Law’s Neoclassical Turn in Seven County Infrastructure Coalition v. Eagle County – Matt Bendisz
What is striking is the Court’s emphasis on deferential judicial review, which initially seems hard to square with the anti-deference posture embraced in Loper Bright. The way Seven County reconciles this apparent tension—including by insisting on a bright line between legal interpretations on the one hand and determinations of fact and policy on the other—illustrates that modern administrative…
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Not Enough Respect for the Judiciary—Or Too Much? – Judge James C. Ho
Not Enough Respect for the Judiciary—Or Too Much? Arrogance and the Myth of Judicial Supremacy In recent months, we’ve heard a lot of judges complain that the judiciary doesn’t get enough respect. I have a different take. I wonder sometimes if the judiciary gets too much respect. When I was a litigator—and before then, a lawyer…
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Licenses Delayed, Rights Denied – Mark W. Smith
The Supreme Court’s decision in Bruen was meant to vindicate the Second Amendment’s text and historical traditions against discretionary state licensing schemes that denied ordinary citizens their constitutional right to bear arms in public. Yet three years after Bruen, a predictable pattern has emerged: jurisdictions hostile to gun rights have responded not with compliance, but…
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Review of Akhil Amar’s Born Equal – Gordon Wood
Born Equal: Remaking America’s Constitution, 1840-1920 is the second volume of Akhil Amar’s grand trilogy, a constitutional history of the United States. This is a bold and ambitious project.
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Tribute to Judge Sandra Ikuta – Judge Eric Tung
Few jurists have been as effective as Judge Sandra Ikuta in upholding our country’s rule of law. For two decades, she has sought to interpret our laws with fidelity to their text and history.
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Bonfire of The Vagaries: Towards a Less Imperfect Arbitrator Under Texas Medical Association v. HHS – Kimo Gandall, Jack Kieffaber, Kenny McLaren
Vagary is the reason lawyers have jobs. And they’re pretty good at sorting that vagary out—if you give them enough time and money. In Texas Medical Association v. HHS, they have neither.
From the Archive
Carson v. Makin and the Relativity of Religious Neutrality
“Neither the majority nor the dissent in Carson is neutral in an absolute sense. Such absolute neutrality is impossible to achieve. Religious neutrality is a myth.”
— Lael Weinberger