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23 Feb 2022, 7:57 am by Jonathan H. Adler
[An interesting question from Justice Kagan.] Yesterday, the Supreme Court heard oral argument in Ysleta del Sur Pueblo v. Texas, a case concerning the authority of specific Indian Tribes to regulate bingo and other gaming activities on Indian lands. The case largely turns on a question of statutory interpretation -- specifically whether a federal statute prevents Texas from enforcing gaming regulations on tribal territory. As this case involves Indian territory, there is a question whether the… [read post]
19 Jul 2018, 6:32 pm by Jonathan H. Adler
Michael Anton is best known for penning the infamous, pseudonymous "Flight 93 Election" essay justifying conservative support for Donald Trump. After the 2016 election, Anton briefly joined the Trump Administration as a national security advisor. Now Anton is a research fellow at Hillsdale College and aspiring pundit. In a recent Washington Post op-ed, Anton takes issue with birthright citizenship -- the principle that those born within this country are citizens of the United States -- and… [read post]
9 Jul 2018, 4:49 pm by Jonathan H. Adler
President Trump's pick for the Supreme Court is likely to be confirmed because Republicans maintain a slim majority in the Senate. Some commentators lament this fact, and the lack of a filibuster option. Some go farther, suggesting that the current situation represents a departure from the historical norm. Tonight on MSNBC's "Hardball," for instance, Chris Matthews referred to "the old 60-vote requirement," as if this is a thing. He's mistaken, as are all those who… [read post]
28 Jun 2018, 8:13 am by Jonathan H. Adler
Justice Kennedy's departure from the Supreme Court will mark the end of the Early Roberts Court, or what many of us would often refer to as the "Kennedy Court." Justice Kennedy was in the Court's majority more often than any other justice. His distinct jurisprudence, combined with his position as the Court's median justice, meant that his particular (and often idiosyncratic) views had a disproportionate impact on the Court's jurisprudence. What comes next will be… [read post]
4 Apr 2018, 6:46 am by Jonathan H. Adler
Justice Ruth Bader Ginsburg's close friendship with the late Justice Antonin Scalia is well known. Indeed, the Notorious RBG wrote the Foreword to Scalia Speaks: Reflections on Law, Faith, and Life Well Lived, the recently published volume of her notoriously conservative colleagues speeches and lectures. Was the Ginsburg-Scalia relationship an aberration? I would hope not. In recent remarks at the Vanderbilt Law School, Justice Sonia Sotomayor commented on Justice Clarence Thomas. From the… [read post]
3 Apr 2018, 6:21 am by Jonathan H. Adler
Next week will mark the one-year anniversary of Neil Gorsuch's swearing in as a Supreme Court justice. As a consequence, we'll soon be treated to a flurry of articules evlauating his first year on the court. It may be particularly interesting to consider howother jursits evaluate Justice Gorsuch. As it happens, Justice Gorsuch's record was the subject of a lecture by the Honorable Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit at the Case Western Reserve University… [read post]
19 Jan 2018, 8:05 am by Jonathan H. Adler
Next Friday, January 26, the Center for the Study of the Administrative State at the George Mason University Antonin Scalia Law School will host a conference on "Free Speech and the Administrative State." Speakers will include legal academics, such as Martin Redish, Tamara Piety, Samuel Bagenstos, Gus Hurwitz, David Vladeck, and Shep Melnick, in addition to practitioners and policy experts, such as Coleen Klasmeier, Andrew McLaughlin, Mike Godwin, Alan Butler, and Harold Kim, as well as… [read post]
19 Jan 2026, 6:03 am by Jonathan H. Adler
[Yuval Levin offers a useful way to understand the difference.] In a recent interview with Ezra Klein of the New York Times, Yuval Levin of the American Enterprise Institute offered a useful way to understand the difference between conservatism and populism. One way to think about the difference is about whether your politics begins from what you care about most — what you love — or whether it begins from what you fear and what you hate. To me, as a young person, conservatism was… [read post]
30 Apr 2021, 4:30 am by James Romoser
New York Times) Immigrant Seeking to Challenge Removal Prevails with Unusual Supreme Court Line-up (Jonathan [read post]
7 Dec 2016, 3:18 am by Walter Olson
on legal policy: Harvard Law panel with Adrian Vermeule, Cass Sunstein, Andrew Crespo; More on new Jonathan [read post]
6 Sep 2016, 8:00 am by Tim Zinnecker
Interested candidates should send a CV and cover letter to, Professor Jonathan H. [read post]
3 Nov 2022, 5:42 am by SCOTUSblog
Operating Without a Leash (Matt Ford, The New Republic) A Step Backwards for Cameras in the Courtroom (Jonathan [read post]
15 Jul 2008, 12:07 am
" [PrawfsBlawg] * Jonathan Adler likes the idea, adding "that law professors [should] begin [read post]
4 Mar 2012, 8:09 pm by Walter Olson
many writers often quoted in these columns, such as — to go no further than the ABCs — Jonathan [read post]
17 Jan 2011, 6:48 am by Walter Olson
connection curiously absent from his current Wikipedia page and most other coverage (& welcome Jonathan [read post]
21 Jun 2016, 9:05 pm by Walter Olson
” [Daniel Lyons, Jonathan Adler, Michael Greve] Tags: competition through regulation, D.C. [read post]
20 Dec 2021, 7:09 am by James Romoser
Reuters) Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated) (Jonathan [read post]
18 Jun 2007, 10:00 am
Jonathan Adler, In Defense of Clerkship Bonuses [Volokh Conspiracy]2. [read post]
18 Aug 2015, 9:15 pm by Walter Olson
sessions will include such well-known figures as Ilya Shapiro, Trevor Burrus, and Michael Cannon of Cato, Jonathan [read post]