Balkinization

One puzzle created by today's emergency order is that nobody now has a reason to bring the merits of overruling Humphrey's Executor ...

The appeal, however, that we declare the existence of inherent powers ex necessitate to meet an  emergency asks us to do what many think wou...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). T...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). I...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). E...

At yesterday's birthright citizenship oral argument, several justices (most notably Justice Kagan) expressed concern about the appellate...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023).  ...

One thing that was clear from today's argument is that the Court will not reach the merits yet. After another argument in October, maybe...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). M...

I'm honored and thrilled that my book, The Presidents and the People, highlighting how citizens defended democracy from authoritarian th...

For the Balkinization symposium on Dylan C. Penningroth,  Before the Movement: The Hidden History of Black Civil Rights (Liveright, 2023). C...

This week at Balkinization we are hosting a symposium on Dylan C. Penningroth's new book, Before the Movement: The Hidden History of ...

By Katharina Pistor and David Pozen Governance reform has become the latest flashpoint in debates over the future of Columbia. Under press...

 Academic freedom—classically defined as the freedom of research and teaching—is a complicated idea, and one that has come under severe atta...

The Librarian of Congress joined the ranks of the suddenly unemployed last week. One fair question people might ask is, "Wait, didn...

Editors of constitutional law casebooks scramble at the end of each Term to edit the Court’s important opinions of the Term into a supplemen...

     The cuts and chaos generated by the Orwellian-named Department of Government Efficiency (DOGE) have done lasting damage to the federa...

Let me take a moment to explain why I picked this cover for my new book . I rejected a standard portrait of a Justice enrobed. Instead, this...

Michael L. Rosin In a recent Balkinization post Gerard Magliocca noted that he could find no example in federal law of “subject to the juri...

The phrase "subject to the jurisdiction" appears many times in federal law. It's in the 18th Amendment. It's in a slew of ...

The New York Times asked 35 law professors for their assessment of the constitutional situation during Donald Trump's second term in off...

In its appellate briefs in the birthright citizen cases making their way through the courts, the Department of Justice claims that the origi...

For those who are interested, the Civitas Institute has posted a somewhat specialized conversation between myself, Michael McConnell, and V...

The current challenge to deportations under the Alien Enemies Act of 1798 (AEA)  operates on two levels: it presents an important test of du...

I was pleased to join this amicus brief  arguing that the tariffs are unlawful. Thanks to Michael McConnell for taking on the role of Counse...

Who knew that Supreme Court Justice Samuel Alito was such a trusting person?  The ordinarily hard-edged jurist strained to take the Trump ad...

 Every week I get a call from a reporter asking if we are in a constitutional crisis. In this week's edition of "No," let me s...

I'm sure somebody must have said this before, but anyway. Under the unitary executive theory, why was the Bank of the United States cons...

I introduce the following as an interesting hypothetical. Rule 8 of the Supreme Court's Rules states: 1. Whenever a member of the Bar of...

I'm about to "defend" the statute that's being used to remove Mahmoud Khalil from the United States. But I have to begin b...

 Here are the collected posts for our Balkinization Symposium on Legal Pathways Beyond Dobbs.   1. Jack Balkin, Introduction to the Symposiu...

For the Balkinization Symposium on Legal Pathways Beyond  Dobbs . Courtney Cahill [1] Some scholars say that constitutional equality law w...

For the Balkinization Symposium on Legal Pathways Beyond  Dobbs . Neil S. Siegel   Lacking theoretical ambition in the current moment, I...

This week on "Supreme Court ER" we have new requests on an erroneous deportation and (I would think) on overruling  Humphrey's...

I have never signed an open letter, for the usual reasons people adopt this policy. But the recent proliferation of law faculty letters made...

For the Balkinization Symposium on Legal Pathways Beyond  Dobbs . Douglas NeJaime The law too often treats parenthood as simply a biolog...

I'm pleased to announce that my next book is now available for pre-order from Oxford University Press. Here is the abstract for The Act...

For the Balkinization Symposium on Legal Pathways Beyond  Dobbs .   Laura Portuondo   The Supreme Court has extended a broad new vision ...

For the Balkinization Symposium on Legal Pathways Beyond  Dobbs .   Kimberly Mutcherson [1]   In Roe v. Wade and Dobbs v. Jackson Women’s ...

     In the wee hours this morning, the Senate approved the concurrent resolution on the budget and sent it to the House for consideration...