Academic Commentary

(c) Wikimedia Commons (The White House/Shealah) Craighead

Amy Coney Barrett’s confirmation to the United States Supreme Court adds another originalist to the bench and cements a strong conservative majority on the Court. Although Democratic politicians have for years warned voters that the next election could determine the future of reproductive health care access, warning that ongoing respect for the right to abortion [...]

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“The safety of the people shall be the highest law.” – Cicero, On the Laws Abstract: From the beginning of his sordid presidency, Donald J. Trump has shown willful indifference to the security and justice of the United States, including unwillingness to find relevant fault with Russia’s Vladimir Putin, to separate himself from baseless conspiracy [...]

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The U.S. Supreme Court last week issued its first ruling against coronavirus containment measures, invoking the First Amendment’s guarantee of free exercise of religion to enjoin an executive order by New York’s governor limiting attendance at religious services to 10 or 25 persons in areas classified as having a high risk for infections. The Court’s [...]

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In 2012, Representative Paul Ryan (Wisconsin) ran for Vice President, as Governor Mitt Romney’s Republican running mate. On August 23, 2012, I published an article on JURIST discussing whether Representative Ryan, should he prevail in both elections, could concurrently hold both positions: representative and Vice President. It now appears that Senator Kamala Harris will be [...]

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It is tempting to laugh off the claims about election fraud by President Trump and his Republican followers. Even some Trumpian Republicans have tried, like Georgia Secretary of State Brad Raffensperger. He dismissed as “laughable” the effort by Republican Senators David Perdue and Kelly Loeffler to force him out of office because, in their chilling [...]

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“ANTIFA SCUM ran for the hills today when they tried attacking the people at the Trump Rally, because those people aggressively fought back…..DC Police, get going — do your job and don’t hold back!!!” – US President Donald Trump, November 14, 2020 “Whoever can dominate the street will one day conquer the state, for every [...]

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After President-elect Joe Biden takes office and Donald Trump exits the White House, federal and state prosecutors will have to decide whether to charge the former president based on ongoing criminal investigations. Prosecuting a former head of state is no small matter and would be unprecedented in the United States. But the egregious nature of [...]

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Once President-Elect Biden takes office, we will be able to say goodbye to new judges who self-identify as originalists. This change is important because in constitutional cases, originalism is either pernicious or irrelevant, and we should stop pretending otherwise. There is nothing wrong with the American people celebrating their link to the white, propertied males [...]

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