Ryan J. Walsh & Michael A. Fragoso on the Suncor Energy Case
Michael Ramsey
Recently published, in the Notre Dame Journal of Law, Ethics and Public Policy: In Limine, Ryan J. Walsh & Michael A. Fragoso, Is the SCOTUS Climate Change Case a “Conservative Intuition in Search of a Constitutional Clause”? (8 Notre Dame J.L., Ethics & Pub. Pol’y: In Limine 1 (2026)). Here is the introduction: On the […]
Guha Krishnamurthi on Originalism, Textualism and Wolford v. Lopez
Michael Ramsey
At Dorf on Law, Guha Krishnamurthi: We Can’t Be Originalists *and* Textualists Now. From the introduction: In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court set forth a new test to determine whether a particular firearms regulation is in accord with the original meaning of the Second Amendment: “history and […]
New Book: “Going Further: The Incomparable Clarence Thomas” by Ted Cruz
Michael Ramsey
Recently published, by Ted Cruz (U.S. Senate): Going Further: The Incomparable Clarence Thomas (Sentinel, 2026). Here is the book description from Amazon: From Senator Ted Cruz, a timely, authoritative exploration of Clarence Thomas’s life, ideas, and lasting impact on constitutional law For over three decades, Clarence Thomas has stood at the center of American law, […]
Gregory Ablavsky: Original Understandings of the U.S. Territories
Michael Ramsey
Gregory Ablavsky (Stanford Law School) has posted Original Understandings of the U.S. Territories (18 N.Y.U. J.L. & Liberty 499 (2026)) (27 pages) on SSRN. Here is the abstract: Recently, judges and scholars alike have given renewed attention to the constitutional and legal status of the U.S. territories, including Founding-era understandings of territorial status. This essay seeks […]
Atiq: Constitutional Rights as Allocations of Moral Authority
Charles F. Capps
Emad Atiq (Cornell) has posted Constitutional Rights as Allocations of Moral Authority (forthcoming, Iowa Law Review) on SSRN. Awarded “download of the week” by Larry Solum at the Legal Theory blog, it is worth a read. Atiq writes: “A constitution does not merely settle first-order disagreements about the content of protected values. It also settles . . . […]
Pete Patterson on the Bruen Test
Michael Ramsey
At SCOTUSblog, Pete Patterson (Cooper & Kirk): How courts keep getting Bruen wrong. From the introduction: In the landmark 2022 case of New York State Rifle & Pistol Association v. Bruen, the Supreme Court struck down New York’s concealed carry law as inconsistent with the Second Amendment. In doing so, the court established a two-step […]
Randy Barnett & Josh Blackman on Landor v. Louisiana Department of Corrections
Michael Ramsey
Randy E. Barnett (Georgetown University Law Center) & Josh Blackman (South Texas College of Law Houston) have posted Landor v. Louisiana Department of Corrections: Bringing Clarity To The Necessary and Proper Clause (50 Harvard Journal of Law & Public Policy __ (2027)) (18 pages) on SSRN. Here is the abstract: It is often said that bad facts […]
Rachel Bayefsky: Tradition and the Federal Judicial Power
Michael Ramsey
Rachel Bayefsky (University of Virginia School of Law) has posted Tradition and the Federal Judicial Power (Stanford Law Review (forthcoming 2027)) (32 pages) on SSRN. Here is the abstract: Tradition is most well known today for starring in blockbuster Supreme Court cases about controversial social issues, notably abortion and firearms. But tradition also plays a […]
David Upham on the Fourteenth Amendment
Michael Ramsey
At Law and Liberty, a podcast and transcript: The Official Fourteenth Amendment – with David Upham, hosted by James M. Patterson: The Fourteenth Amendment is at the heart of many of the most controversial issues that will land before the Supreme Court today. In his new book, David Upham argues that many of the legal […]
Mark Graber: A Constitutional Revolution?
Michael Ramsey
Mark Graber (University of Maryland – Francis King Carey School of Law) has posted A Constitutional Revolution? (SCOTUS 2026 (Howard Schweber ed., Palgrave Macmillan forthcoming)) (8 pages) on SSRN. Here is the abstract: Americans are talking about a possible constitutional revolution. Many supporters of Donald Trump are hopeful that his two elections are bringing about relatively […]