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Blog Entry#1February 2, 2024

Open Beaches Constitutional Amendment Challenge to Closing Beaches for SpaceX Launches Can Go Forward

Blog: Reason.com

From yesterday's decision in SaveRGV, Sierra Club & Carrizo/Comecrudo Nation of Texas v. Texas General Land Office, decided yesterday by the Texas Court of Appeals (Corpus Christi-Edinburg), in an opinion by Justice Clarissa Silva, joined by Chief Justice Dori Contreras and Justice Nora Longoria: The Texas Constitution provides that "[t]he public, individually and collectively, has…

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Blog Entry#2January 9, 2024

Did the Israeli Supreme Court Kill the Constitutional Coup?

Blog: Verfassungsblog

On January 1, 2024, the Israeli Supreme Court struck down a constitutional amendment prohibiting judicial review of actions of the government, the prime minister, or any minister based on the "reasonableness" doctrine. The judgment illustrates how societal and judicial vigilance in recognizing "early warning" signals of potential "constitutional capture" may play a significant role in battling such processes. However, notwithstanding this judgment and the halting of the legislative process, the threat of democratic backsliding in Israel persists. The ongoing war has, in fact, paved the way for further anti-democratic measures, some of which were upheld by the very same Court that struck down the anti-reasonableness amendment.

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Blog Entry#3April 12, 2023

New Mexico's early childhood education amendment is a model for economic mobility other states should consider

Blog: How We Rise

Gabriel R. Sanchez, Carly Bennett

Gabriel R. Sanchez, Carly Bennett

The passage of the appropriations bill by the United States Congress has had major implications for future generations of New Mexicans by providing funding for the state's early childhood education constitutional amendment, which was adopted by the state legislature in 2021 and supported overwhelmingly by voters in 2022. The last step to finalizing the state's…

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Blog Entry#4November 22, 2023

Second Amendment Roundup: Judge Ho 2.0

Blog: Reason.com

Stephen Halbrook

Stephen Halbrook

If the government must "square corners" to protect illegal aliens and convicted criminals, Constitutional protections for Americans deserve consistent application.

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Blog Entry#5March 15, 2024

Second Amendment Roundup: Delaware's "Assault Weapon" Ban Argued in 3rd Circuit

Blog: Reason.com

Stephen Halbrook

Stephen Halbrook

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.

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Blog Entry#6May 30, 2023

Why the Debt Limit Is (Still, Really) Constitutional

Blog: Reason.com

Biden still wants to explore the 14th Amendment—but it isn't a presidential authority, and the debt limit doesn't create a constitutional "trilemma."

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Blog Entry#7June 10, 2024

Wins at the ballot box for abortion rights still mean court battles for access

Blog: PolitiFact - Rulings and Stories

A patchwork of constitutional amendments, laws and regulations that determine where and how abortions are available nationwide could take years to crystallize as old rules are reconciled with new ones in state legislatures and courtrooms.

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Blog Entry#8February 16, 2024

New Article on "The Constitutional Case Against Exclusionary Zoning"

Blog: Reason.com

Coauthor Josh Braver and I argue exclusionary zoning violates the Takings Clause of the Fifth Amendment.

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Blog Entry#9February 1, 2024

Explaining Ron DeSantis' effort to call a convention of states and amend the US Constitution

Blog: PolitiFact - Rulings and Stories

Florida Gov. Ron DeSantis said he would push state lawmakers to pass four resolutions that would compel Congress to call a "convention of states" aimed at passing state-accepted resolutions as Constitutional amendments. Experts say this would be neither simple nor easy.

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Blog Entry#10March 27, 2024

Judicial Rulemaking and Lucidity: Justice Barrett's First Amendment Opinion in Lindke v. Freed

Blog: American Enterprise Institute – AEI

Fashioning constitutional rules isn't easy; Justice Barrett and the Court deserve kudos for their efforts to establish a rule to determine if public officials' activities constitute state action.
The post Judicial Rulemaking and Lucidity: Justice Barrett’s First Amendment Opinion in Lindke v. Freed appeared first on American Enterprise Institute - AEI.

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Blog Entry#11May 31, 2024

NRA v. Vullo: A Big First Amendment Win at the High Court

Blog: Cato at Liberty

The Supreme Court in NRA v. Vullo has unanimously backed the important principle that the government cannot deploy coercion to arm‐twist third parties with the objective of hampering a group's constitutional protected advocacy.

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Blog Entry#12August 8, 2023

Could A Democrat Actually Win Mississippi's Governorship?

Blog: Features – FiveThirtyEight

Geoffrey Skelley

Geoffrey Skelley

It may be the dog days of August, but elections never sleep. Today in Mississippi, voters head to the polls to pick their nominees for state and legislative offices, including governor and lieutenant governor. And Ohioans will vote on a ballot measure that would raise the threshold for passing future constitutional amendments (such as one […]

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Blog Entry#13August 7, 2023

Politics Podcast: Ohio Voters Weigh In On Abortion (Indirectly)

Blog: Features – FiveThirtyEight

Tuesday is Election Day in Ohio and it's a bit of an unusual one. Ohioans are voting on whether to increase the threshold to pass constitutional amendments from a simple majority to a 60 percent supermajority. In this installment of the FiveThirtyEight Politics podcast, Galen Druke speaks with senior elections analyst Nathaniel Rakich about where […]

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Blog Entry#14August 7, 2023

The 2024 Election, According To The Country's Best Pollster

Blog: Features – FiveThirtyEight

Tuesday is Election Day in Ohio and it's a bit of an unusual one. Ohioans are voting on whether to increase the threshold to pass constitutional amendments from a simple majority to a 60 percent supermajority. In this installment of the FiveThirtyEight Politics podcast, Galen Druke speaks with senior elections analyst Nathaniel Rakich about where […]

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Blog Entry#15October 10, 2023

Luttig and French on Section Three: Constitutional Remedy or Pipe Dream?

Blog: Reason.com

Jonathan H. Adler

Jonathan H. Adler

A virtual event examining whether Donald Trump is disqualified from running for President under the 14th Amendment.

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