EO 14230 is not merely bureaucratic overreach; it is, as Judge Howell suggested during the initial hearing, a directive that “puts the cart before the horse” and mirrors “what happened during the Red ...

In the summer of 2022, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, holding that the Second Amendment protects a general right to carry firearms in public for ...

In the first 100 days of his second term, President Donald Trump made a bid for stronger presidential control over federal spending. One key feature of this “appropriations presidentialism,” as two ...

The compassionate release misnomer is easy to understand: Perhaps the most salient group of beneficiaries is comprised of prisoners with terminal illnesses. 4Open this footnote Close this footnote 4 ...

Within the context of government grants to private entities conditioned on restrictions of speech, scholars and courts have been grasping for something like an extension of Dole’s independent ...

Ms. Donaldson, a mother of three, receives an eviction notice. She shows up in court, like so many other tenants, without a lawyer, facing an experienced landlord’s attorney who has been before the ...

A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...

The rest of this Essay proceeds in three parts. Part I briefly recounts the use of the “set aside” language in federal statutes providing for judicial review—from the term’s debut appearance in the ...

This essay describes how a 1917 misdemeanor case charted the course of civil justice in America for over a century and urges state judiciaries to change course. That was where Alfani conducted ...

Leading up to oral argument in the same-sex marriage cases, it was reasonable to wonder whether the Indiana episode was evidence of an irreconcilable conflict between same-sex marriage and religious ...

This article had its genesis in what is known as the Friedman Lecture on November 18, 2022, a lecture on appellate advocacy named in honor of Judge Daniel Friedman, who served for many years on our ...

This Essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings ...