The Supreme Court’s realignment roundup: October Term 2025
A legal realignment has been underway for some years now, in that legal views once associated with the right are now being espoused by the left, and vice versa. This…
A court trapped in amber
In United States v. Rahimi, the Supreme Court denied that the Second Amendment is “a law trapped in amber.” That metaphor has now exploded onto constitutional law, appearing in six…
Is Chief Justice Roberts moderating from the front?
Many commentators have complained that Chief Justice John Roberts has shown himself not to be a true institutionalist but rather a conservative ideologue. Hillary Clinton recently provided an example, suggesting…
The Supreme Court’s common sense problem
“Common sense” reasoning is becoming more common at the Supreme Court. The justices have explicitly relied on common sense to underwrite its holdings in several salient areas of law. And…