The Imperial Supreme Court
Vol. 136 No. 1
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...
Constitutional Law
City of Austin v. Reagan National Advertising of Austin, LLC
Vol. 136 No. 1
Imagine three kinds of statutes: The first limits only signs displaying political messaging. The second restricts only signs directing passersby to nearby events. And...
Denezpi v. United States
Vol. 136 No. 1
The Fifth Amendment’s Double Jeopardy Clause protects criminal defendants from facing two prosecutions for the “same offence.” Under the dual-sovereignty doctrine, the Supreme Court...
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
FEC v. Ted Cruz for Senate
Vol. 136 No. 1
Candidates for federal office may loan an unlimited amount of their own money to their campaign committees. However, under section 304 of the Bipartisan...
Three Hail Marys: Carson, Kennedy, and the Fractured Détente over Religion and Education
Comment on Carson v. Makin and Kennedy v. Bremerton School District
Vol. 136 No. 1
Cummings v. Premier Rehab Keller, P.L.L.C.
Vol. 136 No. 1
The Spending Clause empowers Congress to pass statutes that condition the receipt of federal funds on compliance with certain terms, including not discriminating based...
Race and Guns, Courts and Democracy
Vol. 135 No. 8
Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs...
Violence and Nondelegation
Vol. 135 No. 8
Introduction Debates over delegation are experiencing a renaissance. These debates presuppose an initial distribution of constitutional authority between actors that cannot be redistributed, or...
Public Carry and Criminal Law after Bruen
Vol. 135 No. 8
Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public....