Charles Zug on Carson Holloway on Originalism
Michael Ramsey
At Liberty Law Blog, Charles Zug (doctoral candidate, University of Texas, Austin): Toward a More Perfect Originalism: A Reply to Carson Holloway. From the introduction: Brett Kavanaugh’s recent nomination to the Supreme Court has sparked renewed interest in the alternatives of “originalism” and “the living constitution”—what some conservatives are calling “A Battle of Two Constitutions.” Though […]
Reminder: Proposals for the 2019 Originalism Works-in-Progress Conference Are Due Tomorrow
Michael Ramsey
The Tenth Annual Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference will be held at the University of San Diego Law School on February 22-23, 2019. Anyone wishing to present a paper should send an abstract to Professor Mike Rappaport (or me) by tomorrow, August 31, 2018. A committee from the Center for the Study […]
Podcast: Will Baude on “First Mondays”
Michael Ramsey
Via SCOTUSblog, this "First Mondays" podcast features Will Baude (Chicago/Volokh Conspiracy) "discuss[ing] the latest news of Judge Brett Kavanaugh’s nomination. Plus, what do we mean when we talk about originalism?" More from Professor Baude at Volokh Conspiracy: In this episode, I put forth my proposal for improving judicial confirmation hearings and announced my views about Judge […]
John Harrison: The Original Meaning of the Habeas Corpus Suspension Clause
Michael Ramsey
John C. Harrison (University of Virginia School of Law) has posted The Original Meaning of the Habeas Corpus Suspension Clause on SSRN. Here is the abstract: The Habeas Corpus Suspension Clause of Article I, Section 9, is primarily a limit on Congress’ authority to authorize detention by the executive. It is not mainly concerned with the […]
Confirmations and the Senate’s Duty (Again)
Michael Ramsey
At Balkinization, Jason Mazzone: Still the President: Garland, Kavanaugh, Trump. He argues: When, after the death of Justice Scalia in February of 2016, President Obama nominated Merrick Garland to the Supreme Court, Senate Republicans took the position that because Scalia had died in a presidential election year, the choice of the next Supreme Court justice should […]
Michael Stern’s Questions for Judge Kavanaugh
Michael Ramsey
At Point of Order, Michael Stern: Of Special Counsels and Congressional Investigations: Questions for Judge Kavanaugh. From the introduction: I would like to propose a different line of questioning for Kavanaugh’s confirmation hearing, one that is not designed to score points for the pro-confirmation or anti-confirmation teams, but instead to illuminate the legal/constitutional framework within which […]
More on the Space Force and the Constitution
Michael Ramsey
At Constitution Daily, Scott Bomboy: The Space Force and the Constitution (summarizing the blog debate among Michael Dorf, Ilya Somin, Mike Rappaport and me, also discussed on this blog here). He adds that the Congressional Research Service has just released a report on the issue here: Toward the Creation of a U.S. “Space Force” (Aug. 16, 2018). On the constitutional […]
Brian Kogelmann & Alexander William Salter: Rawlsian Originalism
Michael Ramsey
Brian Kogelmann (University of Arizona – Department of Philosophy) and Alexander William Salter (Texas Tech University – Rawls College of Business; American Institute for Economic Research) have posted Rawlsian Originalism on SSRN. Here is the abstract: How should judges reason in a well-ordered constitutional democracy? John Rawls answered they ought to do so in accordance with […]
SCOTUSblog on Originalist Amicus Briefs
Michael Ramsey
At SCOTUSblog, William Seidleck & JP Schnapper-Casteras: Top 10 ways to “friend” SCOTUS. From the introduction: Filings by “friends of the court,” known as “amicus briefs,” are more important and sophisticated than ever. They come in many forms and lengths — but contemporary practice suggests that there are 10 (or so) common themes and clear strategies that […]
Ilan Wurman: The Specification Power
Michael Ramsey
Ilan Wurman (Arizona State University – Sandra Day O'Connor College of Law) has posted The Specification Power on SSRN. Here is the abstract: The executive power to interpret law is at the center of modern debates over administrative law. One prominent set of scholars claims that deference to executive interpretations of law has no historical or […]