formalist theory in that interprets law based on the ordinary meaning of the legal text, as opposed to its intention
Adam White writes about a potential shift in the American judiciary. Does legislative history have a future in judicial opinions? For the first time in a long time, it seems…
Diana Schaub offers a valuable history lesson for those who consider the U.S. Constitution a pro-slavery document. In an action almost as momentous as his original escape from enslavement, Frederick…
Adam White explains how a U.S. Supreme Court decision this summer could limit the federal government’s overreach. By mid-summer, Chevron deference as we know it may be history. The Supreme Court could…
Adam White ponders the recent direction of Chief Justice John Roberts and the U.S. Supreme Court. Amid all the debates over the Supreme Court’s year-end decisions, we should take a…
Adam White writes at CNN.com about one of the most significant aspects of the latest U.S. Supreme Court confirmation hearing. For decades, US Supreme Court confirmation hearings have taken center…
Prior to the election, I emphasized the importance of the upcoming judicial races in North Carolina and urged voters to “choose wisely.” Judging by the results, I think they did.…
Andrew McCarthy of National Review Online tackles a core Democratic Party criticism of Judge Amy Coney Barrett. Democrats are continuing their disingenuous strategy of framing Judge Amy Coney Barrett as…
Ed Whelan writes for National Review Online about the potential long-term impact of Supreme Court nominee Amy Coney Barrett, if she wins confirmation to succeed Justice Ruth Bader Ginsburg. “His…
When you go to the polls, or when you fill out your absentee ballots, remember that the NC Supreme Court justices you choose will be able to exercise more power over you…
Kevin Williamson of National Review Online pans a key ruling this week from the nation’s highest court. Justice Gorsuch’s reasoning is, of course, impeccable: If you wouldn’t fire a woman…
The book is A Republic If You Can Keep It, and, in his recent review, the usually acerbic Michael Greve is full of praise: Justice Gorsuch has collected some of…
Kevin Daley of the Daily Caller suggests that’s the likely result if the U.S. Senate confirms Judge Brett Kavanaugh as the latest associate justice. His 2003 nomination to the D.C.…