It’s the Kennedy Court
Mike Rappaport

This post is not exactly originalism, but it does attempt to explain some of the departures from originalism this past term.  There have been a number of recent reports on how and why the Supreme Court moved left this past term.  Two notable pieces were this one in the New York Times and this one by Tom Goldstein at […]

My Reactions to King v. Burwell
Mike Rappaport

I am a strong opponent of Obamacare.  But once I realized that a decision in King v. Burwell denying subsidies to people who purchase insurance under the federal exchanges would not help the cause of repealing Obamacare and might hurt it, my attitude towards the case changed.  I felt much less politically invested in the issue and […]

Bolling v. Sharpe and Originalism
Mike Rappaport

Mike Ramsey reports on the posting of a new article by Gregory Dolin that attempts to justify the case of Bolling v. Sharpe, which held that a Fourteenth Amendment equality requirement applies to the federal government. This is a difficult argument to make, since the two provisions which are most likely to apply an equality requirement — the Privileges […]

Paulsen on Departmentalism versus Judicial Supremacy
Mike Rappaport

I have started a series of posts on the departmentalism – judicial supremacy debate in an effort to explain my position, which inclines towards, but does not go all the way towards judicial supremacy.  But I am going to interrupt that planned series to briefly respond to a post written by my former Yale Law School classmate and OLC […]

What Would Happen if the Dormant Commerce Clause Were Overruled?
Mike Rappaport

With the debate in the Wynn case over the Dormant Commerce Clause, Michael Greve has once again criticized originalists for their views on the matter.  Michael likes the Dormant Commerce Clause.  As a policy matter, so do I.  What’s not to like about a doctrine that prohibits or restricts states from engaging in protectionist and other similar […]