The Symbiosis of Abortion and Precedent
Vol. 134 No. 1
Judges have to have the humility to recognize that they operate within a system of precedent . . . . — Then-Judge John G. Roberts, Jr. [Stare...
Case Comments
Categorical Mistakes: The Flawed Framework of the Armed Career Criminal Act and Mandatory Minimum Sentencing
Vol. 133 No. 1
Congress fundamentally changed the punishment of federal crimes in the 1980s and almost entirely for the worse. The Comprehensive Crime Control Act of 1984...
Delegation and Interpretive Discretion: Gundy, Kisor, and the Formation and Future of Administrative Law
Vol. 133 No. 1
Congress is supposed to write laws. So much seems apparent from the constitutional design, which in no uncertain terms vests “[a]ll legislative Powers herein...
Compelled Subsidies and the First Amendment
Vol. 132 No. 1
Sometimes the government compels people to pay money to organizations they oppose. A lawyer may be forced to fund a bar association, a college...
The Carpenter Chronicle: A Near-Perfect Surveillance
Vol. 132 No. 1
On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
The Etiquette of Animus
Vol. 132 No. 1
There is a difference between deciding how to talk about a problem and sorting out the principles for resolving it. In Masterpiece Cakeshop, Ltd....
Judicial Intervention as Judicial Restraint
Vol. 132 No. 1
In Gill v. Whitford, the Supreme Court turned aside the most promising vehicle for adjudicating partisan gerrymandering claims since the Court first fully addressed...
Churches, Playgrounds, Government Dollars — and Schools?
Vol. 131 No. 1
If a state awards grants, on religiously neutral criteria, to create safer playground surfaces, it cannot exclude an otherwise eligible playground simply because it...
Equality, Sovereignty, and the Family in Morales-Santana
Vol. 131 No. 1
In Sessions v. Morales-Santana, the Supreme Court encountered a body of citizenship law that has long relied on family membership in the construction of...
Fisher’s Cautionary Tale and the Urgent Need for Equal Access to an Excellent Education
Vol. 130 No. 1
Debates over race-conscious affirmative action in higher education admissions remain central to discussions about the meaning of equality and the role of education in...