It’s Election Day! So it’s time to distract myself from impending national doom by writing about the constitutional law of what a jury is. Justice Gorsuch, you see, has argued in a dissent from a denial of certiorari that the Constitution requires twelve-person juries. This is a fascinating little issue…

So yesterday the Supreme Court heard a case that everyone assumes will be the end of affirmative action in America, at least within the reach of federal constitutional law. I made a few comments on Twitter about how this case is going to reveal (not that it still needs much…

Earlier today, noted originalist scholars William Baude and Michael McConnell published a piece in the Atlantic about the pending Supreme Court case Moore v. Harper. That’s a case out of the North Carolina redistricting process that’s basically about the so-called “independent state legislature” doctrine (“ILD”), an idea going back to…

I had a very interesting interaction on Twitter earlier today with Samantha Hancox-Li (a very good follow, I might add). She had posted that “judicial supremacists are just reskinned monarchists.” We ended up having a bit of a back-and-forth about how this is true notwithstanding that there is a valid…

So a new Yahoo/YouGov poll shows public confidence in the Supreme Court cratering. Whereas, in the fall of 2020, 70% had either “some” or “a lot” of confidence in the Court, and only 7% had “none,” now the first number is down to 50%, and the latter is up to…

Hooooo boy. So, as most of the people reading this presumably know, Politico just published what purports to be a draft opinion, written by one Samuel Alito, that would overturn Roe v. Wade in its entirety. This is basically unprecedented? There have been rumors about Supreme Court deliberations before, but…

So a couple days ago Joe Biden gave a press conference, at which, among other things, he talked up the probably-doomed election reform bills currently pending in the Congress. …

So I got in a slight Twitter spat today, concerning the new book The Original Meaning of the 14th Amendment: Its Letter and Spirit, by Evan Burnick and Randy Barnett. (Yes, that Randy Barnett.) More specifically the spat concerned a review of Burnick and Barnett’s book by one Eric Seagall…

Haven’t done one of these in a while haha. Grad school man, it does eat up one’s time and mental energy. Relatedly, I kind of meant to write this story a week ago. Oh well. So when Joe Biden unveiled his “framework” for the Build Back Better Act some number…