In Moore v. Harper, SCOTUS Could Decide Who Gets The Final Say In A 2024 Election Dispute
This essay was coauthored with John Yoo and was originally published by The Federalist on December 7, 2022. John Yoo is the Emanuel S. Heller Professor…
Erecting a Wall of Separation Between Tech and State
This essay was originally published in Newsweek on November 9, 2022. The Intercept recently performed a public service by documenting the Biden administration’s plans…
Trump’s CNN Lawsuit Shows Freedom of Press Does Not Include Right to Libel
It’s an opportunity for the Supreme Court to right wrongs that enable our shameless Fourth Estate. This essay was originally published on October 6, 2022 by…
The Major-questions Doctrine and the Administrative State
This essay was co-authored John Yoo and originally appeared in the Fall 2022 edition of National Affairs. John Yoo is a non-resident senior…
Rethinking Libel, Defamation, and Press Accountability
Provocations #4 Click here to view a PDF version. The Provocations series is available in hard copy and e-book formats on…
Overturn New York Times v. Sullivan
The actual malice doctrine was an unjustified innovation, a departure from an older, simpler, and more wholesome constitutional tradition. This article was originally published on September 9,…
A Post-Originalism Common Good
The common good legal movement avoids the hard work of making constitutionalism function in the polity we actually inhabit. This essay was originally published on August 10,…
Peaceful, Legal Ways States, Churches, And Pro-Lifers Can Stop Abortion Radicals’ Violence
This essay was originally co-authored with Teresa Collett and published by The Federalist on May 10, 2022. Teresa S. Collett is a Professor…
A Common Good Requires a Common People
This essay was originally published by Law & Liberty on April 28, 2022, as part of a Law & Liberty symposium on Adrian Vermeule’s Common Good…
Why We Need A Pro-Life Constitutional Amendment Even If The Supreme Court Modifies Roe v. Wade
This essay was co-authored with Willis L. Krumholz, a writer for The Federalist who lives in Minnesota. It was originally published by The Federalist on July…