Liberals, Stop Mocking Originalism—and Start Claiming It

Liberal originalists’ most important contribution is the insight they share with Ponnuru and his conservative allies: that constitutional interpretation is not just for judges and lawyers in lawsuits but rather forged in what Amar has called a “constitutional conversation” and Continue reading Liberals, Stop Mocking Originalism—and Start Claiming It

Liberals Still Have a Chance to Save the Administrative State

The answer to that big question will depend on Justice Brett Kavanaugh. During oral arguments, Kavanaugh channeled a 46-page Harvard Law Review article he had published in 2016, two years before President Donald Trump nominated him to the Supreme Court. Continue reading Liberals Still Have a Chance to Save the Administrative State

Liberals Are Wrong to Trash the Supreme Court’s New Code of Ethics

Would an individual justice avow that all the code means is that, while it would be nice to recuse from adjudicating a case faced with a blatant conflict, he or she doesn’t have to? If the circumstances were as flagrant Continue reading Liberals Are Wrong to Trash the Supreme Court’s New Code of Ethics