Lawrence Solum on Justice Jackson and Wolford v. Lopez
Michael Ramsey
At Legal Theory Blog, Lawrence Solum: Why Did Justice Jackson Cite the Interpretation-Construction Distinction in Wolford v. Lopez? From the introduction: I was surprised and delighted to learn that Justice Jackson had cited Originalism and Constitutional Construction, 82 Fordham L. Rev. 453 (2013), in her dissenting opinion in Wolford v. Lopez, 609 U. S. ___ (2026) (slip op., at […]
Wolford v. Lopez: History and Tradition Leads to a Second Amendment Win
Michael Ramsey
The Supreme Court’s Second Amendment history-and-tradition Justices agreed (sort of) on finding a Second Amendment violation in Wolford v. Lopez, decided Thursday. From Justice Alito’s 6-3 majority opinion: For years, the State of Hawaii made it almost impossible to obtain a license to carry a firearm. Four years ago, however, this Court held in New […]
Bradley Smith: Originalism and Campaign Finance
Michael Ramsey
Bradley A. Smith (Capital University Law School) has posted Originalism and Campaign Finance: A Response to Professor Lessig (13 pages) on SSRN. Here is the abstract: This paper is a pre-response to Professor Larry Lessig’s forthcoming article, If Roe, Then Buckley https://ssrn.com/abstract=6803779 [noted here], and forthcoming in the Harvard Journal of Law & Public Policy. It is […]
Cisco v. Doe: Justice Scalia Wins Again
Michael Ramsey
Yesterday’s Supreme Court decision in Cisco Systems v. Doe sharply limited the scope of the Alien Tort Statute (ATS), which was originally passed in 1789 but rarely invoked before the late 20th century (SCOTUSblog summary here). From Justice Barrett’s majority opinion: In Sosa v. Alvarez-Machain [in 2004], we held that the ATS does not permit […]
HLR Note: Historical Absence and Constitutional Interpretation
Michael Ramsey
Recently published, in the Harvard Law Review: Note, Historical Absence and Constitutional Interpretation. Here is the introduction (footnotes omitted): Originalism — a school of constitutional interpretation defined by the pursuit of the Constitution’s original meaning — has long been celebrated and criticized for its forceful prescriptions for litigants, jurists, and historians. As originalism has become increasingly central to […]
Gregory Ablavsky: State Criminal Jurisdiction in Indian Country
Michael Ramsey
Gregory Ablavsky (Stanford Law School) has posted State Criminal Jurisdiction in Indian Country: A History (133 Virginia Law Review (forthcoming 2027)) (64 pages) on SSRN. Here is the abstract: In Oklahoma v. Castro-Huerta (2022), the Supreme Court dismantled the long-standing black-letter principle that states lack criminal jurisdiction in Indian country absent congressional authorization by embracing a revisionist historical […]
Robert Steinfeld: The Forgotten History of the Electors Clause
Michael Ramsey
Robert J. Steinfeld (University at Buffalo Law School) has posted The Forgotten History of the Electors Clause: The States Abandon Legislative Appointment of Electors as Unconstitutional (60 Ind. L. Rev. (forthcoming 2027)) (67 pages) on SSRN. Here is the abstract: For nearly one hundred fifty years all the states have unfailingly chosen Presidential Electors through a […]
Benjamin Keener & Keith E. Whittington: Demystifying Birthright Citizenship
Michael Ramsey
Benjamin Keener (University of Pennsylvania Carey Law School JD 2026) & Keith E. Whittington (Yale Law School) have posted Demystifying Birthright Citizenship (119 pages) on SSRN. Here is the abstract: Executive Order 14160 and the litigation it generated in Trump v. Barbara have thrust birthright citizenship back to the center of American constitutional debate. Critics […]
Eric Segall on the Roberts Court and Originalism
Michael Ramsey
At Dorf on Law, Eric Segall: Please Stop Calling the Roberts Court Justices Originalists. From the introduction: Professor Larry Solum, in addition to running the influential Legal Theory Blog, is one of the country’s leading academic originalists. He very recently had this to say about the Dobbs decision, which reversed Roe v. Wade: Dobbs does not employ an originalist methodology or reasoning. […]
Samuel Bray & Aditya Bamzai: Prosecuting Contempt
Michael Ramsey
Samuel L. Bray (University of Chicago Law School) & Aditya Bamzai (University of Virginia School of Law) have posted Prosecuting Contempt (60 pages) on SSRN. Here is the abstract: Under Supreme Court precedent and the Federal Rules of Criminal Procedure, federal courts may appoint prosecutors for criminal contempt. In this way, and many others, contempt […]