The New Abortion Battlegrounds
In a post-Dobbs world, the clashes between pro-life and pro-choice advocates will be waged on five legal battlegrounds.
The End of Roe and Its Consequences
What does the Supreme Court’s decision overturning Roe v. Wade mean for the future of abortion and other constitutional rights in America?
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.
Active Liberty in the ‘Cursing Cheerleader’ Decision
Justice Breyer’s opinion in Mahanoy Area v. B. L. (2021) suggests that student criticism of school authorities exemplifies the democratic process.
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.
New Frontier 