Natural Law
Justice Breyer: The Court’s Last Natural Lawyer?
Natural law “still spooks many constitutional lawyers.” Justice Scalia, for example, was once asked: “Does natural…
Textualism
-
-
Statutory Interpretation
The Common Law as Statutory Backdrop
Amidst the whirl of commentary about how the U.S. Supreme Court has become increasingly textualist and what precise shape modern textualism should take, the Court’s continued reliance on one decidedly…
-
Textualism
Wooden v. United States
The Armed Career Criminal Act (ACCA) imposes lengthy sentences on those who possess firearms after committing violent felonies on three or more different “occasions.” Last…
-
Habeas Corpus
A Textual Argument for Challenging Conditions of Confinement Under Habeas
As the COVID-19 pandemic has spread through prisons, jails, and other detention facilities in the United States, it has brought new attention to a decades-old issue of whether challenges to…
-
Article II
“As the Legislature Has Prescribed”: Removing Presidential Elections from the Anderson-Burdick Framework
Bush v. Gore, 531 U.S. 98, 104 (2000) (percuriam) (“When the state legislature vests the right to vote for President in its people, the right to vote as the legislature…
-
Statutory Interpretation
Textualism’s Mistake
In 1920, seventeen-year-old Salvatore Eugene Scalia arrived in the United States from Italy with his family.Joan Biskupic, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia 13…
-
Statutory Interpretation
State v. Degroot
Minnesota Supreme Court Adopts Plain Meaning Interpretation of Criminal Attempt Statute, Minimizing Role of Statutory Context.
-
Election Law
In re State
Supreme Court of Texas Holds that Lacking Immunity to COVID-19 Is Not a Disability that Would Allow Voting by Mail.