Vol. 139 No. 7 In December 2025, without oral argument or a written opinion, the Supreme Court did something it had never done before: It set aside a lower court judgment upholding a vaccine mandate that lacked religious exemptions. In Miller v. McDonald...
Vol. 139 No. 7 In his campaign for the presidency in 2024, then-candidate Donald Trump focused particular attention on immigration policy. Differentiating his proposed approach from that of the Biden Administration, Trump promised that if he were elected, he would “close the border” to migrants entering without authorization.
Vol. 139 No. 6 In many U.S. states, climate laws and regulations were designed using distinct policy ideologies from those used in traditional environmental laws: Whereas traditional environmental laws typically mandate specific technology changes and pollution reductions at individual facilities...
Vol. 139 No. 6 Any respectable textbook account of the relationship between the U.S. Supreme Court and the lower federal courts would leave one with the impression that...
Vol. 139 No. 5 In September 2024, then–Attorney General Merrick Garland addressed the eighty-fifth annual U.S. Attorneys’ Conference. Perhaps unsurprisingly, Garland invoked the first such address — the 1940 speech...
Vol. 139 No. 5 On April 1, 1940, Attorney General Robert H. Jackson strode into the Great Hall of the Justice Department with a complex mission. Assembled before...
Vol. 139 No. 2 The United States government now gives an extraordinary amount of money to colleges and universities. If it threatens to withhold some of that money, it might be able to achieve important and legitimate goals. It can also create serious risks to educational institutions, perhaps even existential risks, and it might be able to use its power to move institutions in its politically preferred directions.
Vol. 139 No. 1 Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
Vol. 139 No. 1 The past eighteen months have seen an unprecedented wave of claims by public officials and private plaintiffs that universities are violating their legal obligations...
Vol. 138 No. 1 Guns, abortion, religious establishments, presidential power: While today’s Supreme Court identifies as originalist, it has settled constitutional questions on these and many other issues...