Tradition. It’s the talk of the town — especially in originalist circles. But what role should it play in constitutional argument? Even fellow originalists...
Response to Community Financial Services and the Intramural Debate over Novelty and Tradition
My colleague, Thomas E. Nielsen, just published a thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services...
On May 16th, the Supreme Court handed down CFPB v. Community Financial Services Association of America, rejecting the Fifth Circuit’s conclusion that the CFPB’s...
Response to Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria
In Bending Gender: Disability Justice, Abolitionist Queer Theory, and ADA Claims for Gender Dysphoria, D Dangaran argues that pursuing coverage for Gender Dysphoria in...
Introduction In recent decades, the family policing system has penetrated more deeply into poor communities, removing children and surveilling families at a rate never...
Imagine that the people yesterday gathered to draft a new Constitution, which includes a First Amendment that says: “The government shall not abridge the...
