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The Souterian and Rehnquistian Views of Legal Talent
Andy Smarick
Latest Articles
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Barbara’s Entry Fiction Problem – David Haungs
Suppose the Barbara Court got the meaning of the Fourteenth Amendment exactly right. Even then, it is not obvious why the challengers won a judgment in their favor on the constitutional question. That is because there is a puzzle in the majority opinion—a gap between the rule it announced and the application of the rule…
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Bosnia and Herzegovina: What is the American People’s Interest? – Hon. Joseph E. Schmitz & Brian T. Kennedy
President Trump’s America First foreign policy asks a simple question of every foreign engagement: What does it do for the American people? A trifecta of developments in July 2026 highlights a three-fold answer to this question in regards to Bosnia and Herzegovina, the central European country formed by the 1995 Dayton Peace Agreement . .…
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The Declaration of Independence and Our Legal Tradition – Hon. Trevor McFadden
My remarks today are a celebration of sorts. This July marks America’s 250th birthday. A quarter millennium since we broke away from the Old World and charted our own course through the currents of world history. And what a journey it has been.
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The Right Way to Take on Trial Lawyers and Woke Lawfare – O.H. Skinner
There is growing concern about the ways that trial lawyers are hijacking our court system, turning it into both a backdoor mechanism for achieving progressive policy outcomes and a reliable source of political money for left-wing candidates and political committees, often in coordination with activist groups. The problem calls for a response, especially from conservatives…
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“Subject to the Jurisdiction” as Legal Text – James A. Heilpern & Keith E. Whittington
The overwhelming weight of evidence indicates that “subject to the jurisdiction” was not used to refer to, or make use of, concepts of “allegiance” but rather was routinely used to describe the circumstances in which individuals were under the governing authority of the sovereign.
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Addressing Some Perceived Anomalies Referenced in the Trump v. Barbara Oral Argument – Samuel Estreicher & Rudra Reddy
We write here only to address certain perceived anomalies noted by some the Justices during the oral argument in Trump v. Barbara in the hope that it will help the Court’s deliberations.
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