Search for: "Jonathan H. Adler"
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30 May 2024, 8:39 am
[Matthew Franck on "Choosing Not to Choose" in November] In The Dispatch Matthew J. Franck explains why he will not be voting for Donald Trump or Joseph Biden in November, just as he refused to vote for either Trump or Hillary Clinton in 2016. Eight years ago, I published an essay for Public Discourse about why I could not vote for either Hillary Clinton or Donald Trump. "Vote as if your ballot determines nothing whatsoever—except the shape of your own… [read post]
7 Nov 2025, 6:56 am
[Using tort law for environmental protection has a deeper historical pedigree than does resort to administrative regulation.] Environmental law did not begin with enactment of the National Environmental Policy Act (NEPA) in 1969. Nor did it begin when Massachusetts adopted the first state wetland protection statute in 1963 or California adopted the first controls on air pollution from automobiles. It did not begin when the federal government established Yellowstone National Park in 1872 either.… [read post]
3 Nov 2025, 3:22 pm
Jonathan Adler's contribution makes some of my arguments better than I do, which is no surprise [read post]
6 Sep 2018, 8:44 pm
While all eyes focused on the Kavanaugh hearings (and an "anonymous" op-ed), a court heard argument in the latest ObamaCare challenge.On Wednesday, while Judge Brett Kavanaugh was fielding questions from the Senate Judiciary Committee, a district court in Texas heard oral arguments in Texas v. Azar, the latest effort to invalidate the Affordable Care Act (ACA). Here's coverage of the argument from Politico, the LA Times, and NYT. Filed by 20 state attorneys general, the suit claims… [read post]
12 Aug 2018, 6:44 pm
A noted historian looks at Nancy Maclean's work (and cites the VC).Noted historian Jack Rakove of Stanford University reviews Nancy Maclean's Democracy in Chains in Critical Inquiry, and the Volokh Conspiracy makes a cameo appearance. Here's a taste of the review: Once MacLean forges the Koch-Buchanan connection, Democracy in Chainsbegins to read more like Ramparts-style journalism than academic history. . . . MacLean's journalistic turn gives her book an admirable polemical… [read post]
25 Jun 2018, 7:20 am
Today the Supreme Court decided two cases 5-4 along traditional right-left lines. In Abbott v. Perez, the Court largely rejected a district court's conclusion that Texas had engaged in unlawful racial gerrymandering. In Ohio v. American Express, the Court rejected a claim that American Express had violated antitrust law and held that courts must consider both sides of two-sided markets when evaluating antitrust claims under the rule of reason. Although both of these cases involved fairly… [read post]
23 Jan 2018, 5:08 am
The relative dearth of Supreme Court opinions this term was beginning to worry some court watchers. As I noted here, Adam Feldman's research indicates the Court was issuing opinions at its slowest pace in over 100 years. Whether spurred by the critical commentary or (more likely) because opinions were simply ready to issue, the Court handed down decisions in three cases yesterday, lessening the drought. The Court was unanimous in National Association of Manufacturers v. Department of Defense.… [read post]
16 Jan 2018, 3:16 pm
: Evidence from Florida," by University of Chicago law professors Dhammika Dharmapala, Richard H. [read post]
18 Dec 2017, 6:37 pm
On Monday, one of President Trump's judicial nominees -- Andrew Peterson -- asked the President to withdraw his nomination. A lack of trial court experience and embarrassing performance before the Senate Judiciary Committee made confirmation to the U.S. District Court for the District of Columbia a heavy lift. Peterson's was the third judicial nomination to be withdrawn this month, as two other nominations were pulled from consideration last week. Also last week, the Senate confirmed… [read post]
14 Dec 2017, 4:41 pm
Republican officeholders, pro-Trump partisans and anti-anti-Trump commentators have become increasingly shrill in their critiques of special counsel Robert Mueller and his investigation into whether the Trump campaign colluded with Russia to influence the U.S. election. Some concerns raised about the investigation are reasonable, but the overall thrust of the attacks -- that there is something improper or illegitimate about the investigation -- miss the mark. Over at the Washington Post, former… [read post]
14 Dec 2024, 12:19 pm
Today the Federalist Society for Law and Public Policy Studies announced that attorney Sheldon Gilbert will succeed Eugene Meyer as President of the Federalist Society. This is n excellent choice (though not one that had been foreshadowed in prior news reports). Text of the announcement is below. The Federalist Society's Board of Directors is delighted to announce that Sheldon Gilbert will become its second president on January 2, 2025. Gilbert, currently Walmart's Senior Lead Counsel for… [read post]
20 Oct 2024, 8:03 am
Multiple political commentators and media outlets have spun narratives of potential election disasters, including efforts to overturn the results. Over at Lawfare, Rick Pildes explains why many of these scenarios ignore the legal guardrails that are in place that are likely to prevent such scenarios from taking place. As Election Day draws near, anxieties are running high among Democrats about how partisan actors backing Donald Trump might seek to steal the 2024 election. Trump himself has… [read post]
15 Sep 2024, 7:42 am
[One of the nation's finest oral advocates discusses representing the United States in the Supreme Court and other topics.] Earlier this month, the Case Western Reserve University School of Law hosted a conversation with U.S. Solicitor General Elizabeth Prelogar for the 2024 Sumner Canary Lecture. The hour-long discussion covered a range of issues, from the responsibilities of the Solicitor General's office, preparing for oral argument, the "emergency docket," and (of particular… [read post]
8 Sep 2024, 8:58 am
[A panel discussion from the Liberalism for the 21st Century conference] Climate change seems to provoke illiberal reactions from both Right and Left. The former falls prey to know-nothingism in its efforts to deny the existence of a problem that would justify a governmental response. The latter's tendency to catastrophize climate change fosters support for illiberal responses. Neither is a productive response to a serious problem. This concern was the focus of a panel on which I participated… [read post]
30 May 2024, 11:46 am
[The justices have been slow and quite agreeable -- so far.] Today the Supreme Court issued three more opinions, bringing the total number of decisions to 29 so far this term (out of 61 argued cases). This is a slower pace than usual for the Court, despite the smaller docket, but on par with what we saw last term. Here is the number of opinions issued by the end of May this year as compared with the total in each of the prior five terms: OT2023—29 OT2022—29 OT2021—33… [read post]
6 May 2024, 6:29 am
[Len Gutkin in Liberties on the decline of the humanities.] The Spring 2024 issue of Liberties features an essay, "Curricular Trauma" by Len Gutkin, on the decline in the humanities, with a particular focus on the study of literature. The cause of this decline is "overdetermined"; "anyone who claims te crisis is univariate is propagandizing." There are external pressures that have constrained the humanities, to be sure, but there are also problems that have festered… [read post]
10 Mar 2024, 7:51 am
[The Second Circuit divides over whether an association must identify an injured member by name for the purposes of Article III.] The U.S. Court of Appeals for the Second Circuit unanimously dismissed a lawsuit by the organization Do No Harm against the Pfizer Corporation, alleging the latter operates a discriminatory fellowship program. While all three judges on the panel agreed the suit should be dismissed for a lack of standing, they disagreed about why. In particular, they disagreed about… [read post]
22 Feb 2024, 5:20 am
[The Supreme Court snubbed Sidney Powell and a court orders Mike Lindell to pay up. ] Last fall, the U.S. Court of Appeals for the Sixth Circuit largely upheld court ordered sanctions of approximately $150,000 against Sidney Powell, Lin Wood, and other members of the "Kraken" legal team that advanced false and frivolous claims in their efforts to challenge the 2020 Presidential election results. On Tuesday, the Supreme Court denied Powell and Wood's petitions for certiorari without… [read post]
10 Dec 2023, 6:37 am
[New research on how the growth of government may affect public health, even if only indirectly.] The protection of public health is often a justificiation for increasing government power. But could increasing government power also have negative consequences, including for public health itself? A new paper, "How does economic freedom influence public health? Evidence from U.S. cities" by economists Justin Callais, Kelly Hyde, Ilia Murtazashvili, and Yang Zhou, forthcoming in the Southern… [read post]
14 Oct 2023, 6:00 am
[The Court is taking more cases from the Fifth Circuit, and its decisions do not appear to be faring well.] As the Supreme Court's docket is shrinking, it is considering an increasing number U.S. Court of Appeals for the Fifth Circuit, and the Fifth Circuit's decisions do not appear to be faring well. This invites comparisons to the Ninth Circuit, which was notorious for issuing decisions out of step with the current Court. The difference, of course, is that the Ninth Circuit was to the… [read post]
