Richard Re on Supreme Court Realignment
Michael Ramsey
At SCOTUSblog, Richard Re: The Supreme Court’s realignment roundup: October Term 2025. From the introduction: A legal realignment has been underway for some years now, in that legal views once associated with the right are now being espoused by the left, and vice versa. This post explores that point as to the Supreme Court’s October Term 2025, adapting […]
Justin Hughes: Constitutional Copyright and the Meaning of Postponed Matters
Michael Ramsey
Justin Hughes (Loyola Law School Los Angeles) has posted Constitutional Copyright and the Meaning of Postponed Matters (74 J. Copyright Soc’y U.S.A. ___ (forthcoming)) (77 pages) on SSRN. Here is the abstract: The U.S. Constitution became an inspiration for the writing of organic laws all over the world; its provisions were often copied, its ideas even […]
Steven Calabresi on Lawrence v. Texas
Michael Ramsey
At SCOTUSblog, Steven Calabresi: The “born free and equal” clauses and Lawrence v. Texas. From the introduction: This is the third of seven introductory articles on the relevance for constitutional law of the “born free and equal” clauses, which appeared in the Declaration of Independence and in six out of 12 state constitutions when the federal […]
Alan Beck on “Dangerous and Unusual” Arms
Michael Ramsey
Alan Beck, the prevailing counsel in Wolford v. Lopez, has filed this amicus brief on behalf of the Hawaii Rifle Association in Viramontes v. Cook County (the Supreme Court’s pending AR-15 case). From the summary of argument: This Court should not find the rifles at issue in this litigation are dangerous and unusual weapons. That is […]
Thomas H. Lee Reviews “The Nation at Sea” by Kevin Arlyck
Michael Ramsey
At Lawfare, Thomas H. Lee (Fordham): The Maritime Origins of Judicial Review. From the introduction: To transpose Jane Austen, “it is a truth, universally acknowledged, that a new nation in possession of great resources, must be in want of a credible court.” Georgetown law professor Kevin Arlyck’s book, “The Nation at Sea: The Federal Courts and American […]
Caleb Nelson: Against the Dictatorial Presidency
Michael Ramsey
Caleb Nelson (University of Virginia School of Law) has posted Against the Dictatorial Presidency (83 pages ) on SSRN. Here is the abstract: Article II of the Constitution says that “[t]he executive Power shall be vested in a President of the United States of America.” Ever since the 1980s, it has been an article of faith […]
Ilan Wurman: “Set Aside”
Michael Ramsey
Ilan Wurman (University of Minnesota Law School) has posted “Set Aside” (67 pages) on SSRN. Here is the abstract: The Supreme Court has reined in universal injunctions, but a debate remains over whether the Administrative Procedure Act (APA) authorizes judges to vacate administrative regulations universally through its “set aside” language. This Article traces the first authorizations […]
Cory Andrews: An Originalist Case for the Listener’s First Amendment
Michael Ramsey
Cory L. Andrews (Washington Legal Foundation) has posted The Freedom to Receive: An Originalist Case for the Listener’s First Amendment (46 pages) on SSRN. Here is the abstract: In March 1768, the Boston town meeting voted its thanks to John Dickinson for having “awakened” and “instructed” America — verbs that locate the value of expression […]
Adam Smarick on Justice Gorsuch and Slaughter
Michael Ramsey
At Law & Liberty, Adam Smarick (Manhattan Institute): Gorsuch’s Con-jority Opinion in Slaughter. From the introduction: In Trump v. Slaughter, Justice Neil Gorsuch voted with the majority to rule that since the Federal Trade Commission exercises extensive executive power, the president has the authority to remove that agency’s head. The upshot is that the constellation of […]
Steven Calabresi on the (Non) Right to Privacy
Michael Ramsey
At SCOTUSblog, in his new “Born Free and Equal” column, Steven Calabresi: There is no constitutional “right to privacy”. From the introduction: … I want in this second column to argue that the born-free-and-equal idea, unlike ideas such as the “right to privacy,” so permeates the Constitution that it is “deeply rooted in American history […]