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Tuesday, March 24, 2026

Birthright Citizenship and the Politics of Constitutional Law (Part I)

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Pranjal Drall and Samuel Moyn There they go again. The litigation over Donald Trump’s executive order ending birthright citizenship has so...
Monday, March 23, 2026

Two Paths to Drug Reform

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It is a rare point of consensus in contemporary politics that our system for regulating drugs has not been working as intended.  Since the 1...

Trademark Pending

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 I have a few left if you still want one. 
Saturday, March 14, 2026

Hard Choices on War Funding

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      Two weeks into President Trump’s war of choice against Iran, discussion is increasing about the role Congress will play.   President T...
Friday, March 13, 2026

Justice Black and the Bill of Rights

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This was his 30-minute interview  with CBS in 1968. Enjoy!
Wednesday, March 11, 2026

Separation of Powers: How to Preserve Liberty in Troubled Times -- A Critical Reading

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Roberto Gargarella Separation of Powers. How to Preserve Liberty in Troubled Times, by Cass Sunstein . (The MIT Press, 2026) Introduction ...
Tuesday, March 10, 2026

The Lost Terminology of Incorporation

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Today in a Bill of Rights case that involves a state statute, the Court simply declares that the issue is a "First Amendment" case...

Neutral Principles?: The Substance of Substantive Due Process

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Douglas NeJaime and Reva Siegel In last week’s per curiam opinion in Mirabelli v. Bonta , the U.S. Supreme Court held that California poli...
Saturday, March 07, 2026

A New Essay of Mine: Barrett’s Red Flag: Why the Court Should Order Re-argument in Trump v. Slaughter

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While there are a host of essays dealing with the Slaughter and Cox cases presently under consideration by the Supreme Court, this is the fi...
Monday, March 02, 2026

A Different Approach to War Powers Regulation

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      Whatever one thinks of the merits of President Trump’s attacks on Venezuela and Iran, and his threats against Greenland, they certainl...