Balkin Explains the Psychological Appeal of Originalism

I've been having an exchange with Andrew Torrez of the Opening Arguments podcast about originalism and it has prompted me to go back and reread some things, including parts of Jack Balkin's book Living Originalism, an alternative version that I find very compelling. … [Read more...]

Is Originalism an Originalist Idea?

Andrew Shankman, an Associate Professor of History at Rutgers University-Camden and the author of a new book called Original Intents: Hamilton, Jefferson, Madison, and the American Founding, writes at the History News Network that originalism is not actually originalist. … [Read more...]

Joyner Doesn’t Understand How Government Works

Professional con man Rick Joyner clearly has no idea how our government works. Okay, so the list of things he has no idea about is pretty much endless. But his latest ignorant screed, this time about the courts issuing injunctions against Trump's travel ban, shows that he's totally clueless about the government. … [Read more...]

Trump Adviser: Government Leakers are ‘Enemy of the State’

A homeland security adviser to Donald Trump spoke at the Center for Strategic and International Studies this week and said that those who leak information from the government are "absolute enemies to our state." A look at the history of leaks does not support that claim. … [Read more...]

Appeals Court Rejects Obama EEOC Legal Theory on Title VII

I've written several times about how the Obama administration began interpreting Title VII of the Civil Rights Act, which forbids discrimination on the basis of gender. They had some limited success with that argument, but the 11th Circuit Court of Appeals just rejected it. … [Read more...]

AHA Wins Lawsuit on Religious Field Trips

The American Humanist Association's Appignani Humanist Legal Center won a major victory in Joplin, Missouri, where the public schools regularly took students on field trips to a Christian sports ministry. The court granted summary judgment in favor of the plaintiffs. … [Read more...]

Somin: Travel Ban 2.0 Still Unconstitutional

Ilya Somin, a libertarian-leaning constitutional law scholar, says that while the new version of Donald Trump's travel ban on those coming from Muslim countries is better than the first one, it's still cruel and unconstitutional. … [Read more...]

Could the End of the Gerrymander Be In Sight?

This term the Supreme Court is going to hear a very important case involving partisan gerrymandering that, for the first time, has a real chance of getting the court to intervene in redistricting cases involving partisan, rather than racial, gerrymandering. … [Read more...]

6th Circuit: Christian-only Legislative Prayer is Unconstitutional

Here's a church/state case from right here in Michigan that I wasn't aware of. The 6th Circuit Court of Appeals ruled that the Jackson County Commission's prayers to open meetings, done by commissioners and always Christian, were a violation of the Establishment Clause. … [Read more...]

Buchanan Tells Trump to Defy the Courts

Authoritarian strongman wannabe Pat Buchanan is telling authoritarian strongman wannabe Donald Trump that the way to handle the federal courts rejecting his travel ban is to simply refuse to follow the court's ruling. Because that's exactly what a dictator would do. … [Read more...]

New Trump Spokesman Doesn’t Understand Separation of Powers

For some bizarre reason, the Trump administration decided to send the toxic Steven Miller, the architect of some of his worst policy ideas, on television as a spokesperson. It worked out about as well as Kellyanne Conway and Sean Spicer. Miller's ignorance of judicial and executive power was on full display. … [Read more...]

No, Public Facilities Cannot Refuse to Allow Use by Religious Groups

Here's another case where a government facility that offers its property for use by community groups doesn't get that they can't then say "but no religious groups." This issue was settled, unanimously, by the Supreme Court nearly three decades ago. And this case is here in Michigan. … [Read more...]