Democratic Justice: Felix Frankfurter, The Supreme Court, and the Making of the Liberal Establishment
By Brad Snyder. New York, N.Y.: W.W. Norton & Company. 2022. Pp. 979. $45.00.
Vol. 136 No. 4
Constitutional Interpretation
The “Common-Good” Manifesto
Vol. 136 No. 3
In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The...
Torres v. Texas Department of Public Safety
Vol. 136 No. 1
In the words of Justice Kagan, the Supreme Court’s state “sovereign immunity decisions have not followed a straight line.” The Court’s first foray into...
The Major Questions Quartet
Comment on Alabama Ass’n of Realtors, National Federation of Independent Business, Biden v. Missouri, and West Virginia v. EPA
Vol. 136 No. 1
Reclaim Idaho v. Denney
Idaho Supreme Court Retains Federal Framework for Assessing Standing to Sue in State Court
Vol. 135 No. 7
Fedotova v. Russia
European Court of Human Rights Holds That Russia Must Give Legal Recognition to Same-Sex Couples
Vol. 135 No. 5
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Vol. 135 No. 4
In the summer of 2019, California enacted Senate Bill 27 (S.B. 27), or the Presidential Tax Transparency and Accountability Act. The law required candidates...
Keeping Our Distinctions Straight: A Response to Originalism: Standard and Procedure
Response to Originalism: Standard and Procedure
Vol. 135 No. 3
Introduction Let’s start at the end, the very end. “If ‘[l]aw and philosophy are both in the distinction business,’” Stephen Sachs’s Originalism: Standard and...
On Inkblots and Truffles
Response to Originalism: Standard and Procedure
Vol. 135 No. 3
In Originalism: Standard and Procedure, Professor Stephen Sachs makes yet another important contribution to the literature. Sachs defends originalism by making its purpose more...
Originalism: Standard and Procedure
Vol. 135 No. 3
Originalism is often promoted as a better way of getting constitutional answers. That claim leads to disappointment when the answers prove hard to find....