Courts and commentators have long understood dormant Commerce Clause doctrine to contain two types of cases: discrimination and undue burdens. This... MORE
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This essay shows that personal precedent both... MORE
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general... MORE
When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a... MORE
The demise of Roe v. Wade has raised a host of religious liberty questions that were submerged prior to the Supreme Court’s decision in Dobbs v.... MORE
The issue of state separation of powers generally is not one that the federal courts have had much occasion to address. Recent issues have arisen,... MORE
Should the law of interpretation direct judges to seek out best answers, or only permissible ones? This Article defends the latter approach. In... MORE
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy... MORE
Court reformers usually focus their attention on expanding or imposing term limits on the Supreme Court, but recent events in the lower courts are... MORE
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE
Justice Breyer’s recent manner of effectuating his retirement points out both a problem and an opportunity. The problem is that there is no settled... MORE
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
Friday’s SCOTUS ruling in Dobbs is devastating news. Yes, it denies women and girls reproductive autonomy, but it also augurs a future where no... MORE
One of the notable trends in the current Supreme Court’s religion jurisprudence is the shrinking of the establishment clause as the free exercise... MORE
