Publications

Originalism as King

John C. Yoo

Federalist Society Review, Volume 22

A review of The President Who Would Not Be King: Executive Power under the Constitution,...

We Are Free for a Reason

David F. Forte

Federalist Society Review, Volume 22

A review of Free to Believe: The Battle Over Religious Liberty in America, by Luke...

State Court Docket Watch: State of Wisconsin v. Roundtree

Amy E. Swearer

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy...

Negative Legislation

Roberto J. Borgert

Federalist Society Review, Volume 22

Modern commentators have spilled much ink on the undemocratic nature of congressional delegations to executive...

Last Hurrah for the Minimalist Court?

Donald A. Daugherty

Federalist Society Review, Volume 22

A review of SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court, edited...

State Court Docket Watch: State of Montana v. Mercier

Arthur Rizer

Presently, there is much uncertainty in Sixth Amendment Confrontation Clause jurisprudence in light of differences in tone...

State Court Docket Watch: In Re: Amendments to Florida Rule of Civil Procedure 1.510

Jason Gonzalez, Rachel Procaccini

On December 31, 2020, the Florida Supreme Court prospectively amended Florida Rule of Civil Procedure...

Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?

Gail L. Heriot, Alexander M. Heideman

Federalist Society Review, Volume 22

“[N]o matter whether th’ constitution follows th’ flag or not, th’ Supreme Court follows th’...

State Court Docket Watch: Jefferson v. Dane County, Wisconsin

Andrew C. Cook

Background On March 25, 2020, in response to the COVID-19 pandemic, Wisconsin Governor Tony Evers...

State Court Docket Watch: State of Ohio v. Weber

Joseph Greenlee

At 4:00 a.m. on February 17, 2018, Frederick Weber’s wife called the police to report...