Departmentalism and the Eviction Moratorium

Bipartisan critics have called the Biden administration’s recent extension of the CDC’s eviction moratorium unconstitutional, but these assessments ignore the history of departmentalism and the important and legitimizing role of the Court’s comprehensive written opinions—something missing in Justice Kavanaugh’s curt concurrence.

The Ethics of “Common-Good Constitutionalism”

Sparking immediate controversy among legal scholars, Harvard law professor Adrian Vermeule’s essay “Beyond Originalism” rejects originalism as merely an instrument to achieve conservative judicial outcomes. To replace it, he advocates for a theory of constitutional interpretation called “common-good constitutionalism”… Even if one agrees with the ends Vermeule seeks, they should be troubled by his means.

Joe Biden and The Case for an Empathetic President

The most compelling argument for Joe Biden’s candidacy is not his 36 years of legislative experience in the U.S. Senate, nor is it his eight years of executive experience as Vice President. It is also not his prevailing centrism and commitment to compromise in an era of hyper-polarization and gridlock. Biden’s greatest qualification is his most human—his empathy.

The Entrepreneurial Case for Universal Healthcare

In American politics, legislative efforts to create universal access to health insurance usually come from the ideological left. Yet, in Europe, political parties of both the right and the left share broad commitments to continued government intervention in and subsidies of health-insurance markets… Why the difference? Messaging might explain part of the divergent thinking across the Atlantic.