Balkinization

I want to clear up a common misconception that I see in the birth citizenship debate. For more details on the contents of this post, you can...

  The letter to our students from a large number of professors at Harvard Law School has attracted some attention, both po...

The latest drama at Columbia—involving interim President Katrina Armstrong’s “ resignation ”—has broad implications for the academy and Am...

For the Balkinization Symposium on Legal Pathways Beyond Dobbs . Cary Franklin     The history-and-tradition test has an equality problem. C...

This week Balkinization we will be hosting a symposium in conjunction with UCLA Law’s Center on Reproductive Health, Law, and Policy, on Leg...

By my count, there are now at least four significant emergency motions before the Court. They include: (1) birth citizenship; (2) the Alien ...

John Q. Barrett Charles Reich graduated from Yale Law School in 1952. He was one of its top students. In his third year, he was editor-in-...

What would it look like for the executive branch to defy a court order? Typically, we picture a dramatic showdown between the President and...

I have posted a draft of my latest article, Nino's Paradox , on SSRN. Here is the abstract: This essay explains how lawyers and judges m...

In his new book Over Ruled: The Human Toll of Too Much Law, Supreme Court Justice Neil Gorsuch makes an important and valuable point: in rec...

Genevieve Lakier At this point in the Trump presidency, it is quite clear that a central way in which the administration wields power is by ...

Ethel and Julius Rosenberg had two children, both born in New York City. When their children Michael and Robert were less than ten, the Rose...

Following Donald Trump's election in 2024, the owners of the major tech platforms bent the knee to Trump. Not only did they hope that T...

The statute invoked in Mahmoud Khalil’s case brings to mind cases from other jurisdictions. That statute provides (in the part relevant here...

       Congress yesterday enacted a continuing resolution (CR) to fund the federal government through the six-plus months remaining in this ...

By Kate Andrias, Jessica Bulman-Pozen, Jamal Greene, Olatunde Johnson, Jeremy Kessler, Gillian Metzger, and David Pozen On Thursday, the ...

John Wilkes Booth  was a racist murderer, but that apparently wasn’t the worst thing about him. The worst thing was that he used “the N-word...

I've looked at the Tudor statutes that Blackstone discussed in connection with "Egyptians." The last of these laws, which was ...

When Andrew Johnson vetoed the Civil Rights Act of 1866, one of his reasons was that the Act would give birthright citizenship to "the ...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

  A few days ago I received the following email: Dear Professor Ian Ayres, It's Jesse from FlyingEdu Hong Kong. We mainly provide servic...

            A fair amount of the argument in favor of the unitary executive model of presidential power is rooted in an account of the Found...

When the Supreme Court decided Trump v. United States  last July, critics warned of dire consequences for the U.S. constitutional order. Are...

       One month into the new administration, the typhoon of news stories about radical, often unprecedented, executive actions is dizzying....

From a speech he gave on October 8, 1867: [T]hey framed your matchless Constitution of Government at Philadelphia, known as the Constitution...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization Symposium on Ignacio Cofone,  The Privacy Fallacy: Harm and Power in the Information Economy  Cambridge University Pre...

My birthright citizenship article from 2008 discusses the Senate Judiciary Committee's 1870 Report about the Fourteenth Amendment's...

For the Balkinization Symposium on Ignacio Cofone,  The Privacy Fallacy: Harm and Power in the Information Economy  Cambridge University Pre...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

For the Balkinization symposium on Zachary Price,  Constitutional Symmetry: Judging in a Divided Republic  (Cambridge University Press, 2024...

This week at Balkinization we are hosting a symposium on Zachary Price's new book, Constitutional Symmetry: Judging in a Divided Repub...

It is time for states that have banned abortion to put an end to the  horror stories  of women being refused emergency medical treatment whe...

Jonathan Chausovsky The vast uprising of critiques of the current effort to dismantle the institutions of the United States Government is ...