Zachary Chambers on Modernist Originalism
Michael Ramsey
At Law & Liberty, Zachary Chambers: The Modernist Case for Originalism. From the introduction: Originalism’s position seems unassailable, with both a majority of Supreme Court justices pledging fidelity to some variant of the theory, and tremendous institutional backing within the conservative legal world through institutions like the Federalist Society Despite this dominance, a number of […]
2027 Originalism Works-in-Progress Conference in San Diego
Michael Ramsey
The University of San Diego’s Center for the Study of Constitutional Originalism has announced the list of papers and commentators for the Eighteenth Annual Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference, scheduled for February 5-6, 2027, in San Diego: T.T. Arvind (York) & Christian Burset (Penn), “Defining Legal Traditions” Commentator: […]
Cert Granted in McNutt
Michael Ramsey
As anticipated (by some), yesterday the Supreme Court granted cert in Department of Justice v. McNutt, which may become the leading originalist-oriented federalism cases in many years. Here is the question presented: Whether the [federal] prohibition on the production of distilled spirits in particular locations, including “in any dwelling house” or “in any shed, yard, […]
Elliott King: An Examination of Historical Sources in the Supreme Court’s History-and Tradition Jurisprudence
Michael Ramsey
Recently published, by Elliott A. King (J.D., Cornell Law School ’27): Whose History, Which Tradition? An Examination of Historical Sources in the Supreme Court’s History-and Tradition Jurisprudence (111 Cornell L. Rev. 1227 (2026)). Here is the abstract: The Supreme Court’s modern reliance on history and tradition has reshaped constitutional adjudication across multiple doctrinal areas, including […]
Vasan Kesavan: The Limits of Federal Judicial Removal
Michael Ramsey
Vasan Kesavan (Independent) has posted The Limits of Federal Judicial Removal (63 pages) on SSRN. Here is the abstract: Can a federal judge be removed from office without the cumbersome process of impeachment? For nearly a century, scholars have split into two camps: those who insist impeachment is the exclusive constitutional mechanism for removing judges, and […]
More on Suncor
Michael Ramsey
Following up on this article, Ryan J. Walsh & Michael A. Fragoso have a new post: Three Threads from the Suncor Argument? (9 Notre Dame J.L., Ethics & Pub. Pol’y: In Limine 1 (2026)). From the introduction: We found three exchanges at Monday’s argument in Suncor Energy (U.S.A.) v. County Commissioners of Boulder County particularly […]
Josh Blackman on the Establishment Clause and the States
Michael Ramsey
At Civitas Outlook, Josh Blackman: The Establishment Clause at the Second Founding. From the introduction: … [T]he relevant time frame to best understand the Establishment Clause for state religion cases should be 1868, not 1791. … During the late 1860s, the Reconstruction government worked closely to promote a bible-centric public education system in the South. In […]
Steven Douglas Smith: Impoverished Jurisprudence, Beleaguered Judiciary
Michael Ramsey
Steven Douglas Smith (University of San Diego School of Law) has posted Impoverished Jurisprudence, Beleaguered Judiciary (27 pages) on SSRN. Here is the abstract: The Founders took thought and then set up, in Article III, an institutional structure for the judiciary that seemed to them sound. A central goal of that structure was to assure judicial […]
New Book: “So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country” by Justice Alito
Michael Ramsey
Published this week, So Ordered: An Originalist’s View of the Constitution, the Court, and Our Country by Justice Samuel Alito (Basic Liberty, 2026). Here is the book description from Amazon: Justice Samuel A. Alito elaborates on his judicial philosophy and reflects on the roles of the law, the Constitution, and the courts in preserving America’s […]
John Inazu: History, Tradition, and the Future of the Right of Assembly
Michael Ramsey
John D. Inazu (Washington University in St. Louis – School of Law) has posted Assembling the Past: History, Tradition, and the Future of the Right of Assembly (101 Notre Dame L. Rev. (forthcoming 2026)) (30 pages) on SSRN. Here is the abstract; This Article revisits the long-neglected Assembly Clause of the First Amendment in light […]