Federalism & Separation of Powers

Scrutiny for Me, But Not For Thee? New York Times Columnist Praises Courts for "Calling out Legislators" in Abortion and Voting Rights Cases

• Evan D. Bernick

It is not often that a progressive columnist offers full-throated praise for judicial decisions to...

Author Response: More on Judicial Impartiality

• Michael K. Powell,
• David L. Applegate

I concur wholeheartedly with Evan Bernick’s thesis, written in response to my recent blog, “Trump...

Judicial Impartiality Must Not Be a Mere "Facade": On the Dangers of Individual and Systematic Judicial Bias

• Evan D. Bernick

In an article published Tuesday on this blog, David Applegate applauds the New York Times...

Second Circuit Issues Landmark Decision Regarding Electronic Privacy And The Territorial Scope Of U.S. Law

• Andrew C. Hruska,
• Lee Levine,
• Viet Dinh

On July 14, 2016, the U.S. Court of Appeals for the Second Circuit issued a...

Trump Trumps Ginsburg

• David L. Applegate

In an astonishing editorial – astounding because of its source, not its content – entitled...

A new weapon in the fight against executive branch abuse

Professional commentators have expressed their surprise at the extent to which the national political establishment...

Stormans, Inc. v. Wiesman: Paging the Free Exercise Clause

• Rory Thomas Gray

The Supreme Court denied certiorari yesterday in Stormans, Inc. v. Wiesman, which could have been...

Encino Motorcars, LLC v. Navarro et. al. - A Brief Overview

• Lynn White

The U.S. Supreme Court recently pushed back against the U.S. Department of Labor's (DOL) attempt...

Eminent domain abuse

• Oliver Dunford

Recent developments last week show that the government will threaten eminent domain to prevent the lawful...