The famous author and law professor argues that the president isn’t prevented from serving a third term. This former Dershowitz admirer begs to differ.
Textualism
Posted inMagazine
Justice Barrett’s Campaign Biography
By presenting judging as pure law untainted by politics, Amy Coney Barrett offers a picture so implausible it makes cynics of us all.
Posted inCollege Guide
The Origin of Specious
Originalism, the school of constitutional interpretation currently modish among conservative lawyers and judges, is not so much an idea as a legal-industrial complex divided into three parts—the academic, the jurisprudential, and the political. In its first part, originalism is an academic pursuit, one that a large number of law scholars have embraced with gusto. A […]
Posted inLaw and Justice
The Conservative Justices and the “Major Questions” Hustle
Conservative jurists demand “textualism” to get what they want, except when a statute’s words thwart their desired goal. But by using a new trick, they break their own rules. That’s how they blew up the EPA’s Clean Power Rule and may soon eviscerate Biden’s student loan relief.
