The Latest Breaking News from J.

Originalism In The Lower Courts: Is Absolute Prosecutorial Immunity Correct As An Original Matter?

Judge Ho: "There are good reasons to believe that the doctrine of absolute prosecutorial immunity is wrong as an original matter."

Reason · May 4, 2022

Justice Gorsuch Calls for Overruling the Insular Cases

In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt…

Reason · Apr 21, 2022