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The Latest Breaking News from Lochner

Journal of Free Speech Law: "The Enigma of Gitlow: Positivism, Liberty, Democracy, and Freedom of Speech," by Robert Post

The keynote address from the "Gitlow v. New York at 100" symposium, held this year at the Arizona State University Sandra Day O'Connor College of Law; other papers from that symposium will be published here in the coming weeks.

Reason

Amy Coney Barrett's Case for Originalism Falls Short

The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.

Reason

Justice Thomas Avoids Substantive Due Process with Meyer and Pierce

Thomas may attempt to recast Pierce as a Free Exercise case, but it cannot be understood in that fashion.

Reason

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What Is A "Liberty Interest" And Why Does The Due Process Clause Protect It?

Once again, Justice Thomas raises questions the other Justices simply do not wish to answer.

Reason

Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt

An unconstitutional act is still unconstitutional even if lots of people support it.

Reason

Part VII: Expanding the Scope of the Due Process Clause

An Introduction To Constitutional Law Video Library: Lochner v. New York (1905), Muller v. Oregon (1908), Buchanan v. Warley (1917), Adkins v. Children’s Hospital (1923), Meyer v. Nebraska (1923), Pierce v. Society of Sisters (1925), O’Gorman & Young, Inc. v. Hartford Fire Insurance Co. (1931), Nebbia v. New York (1933),…

Reason

"Originalism": White supremacy in robes

Legal scholar Madiba K. Dennie on how the right twisted the Constitution — and how ordinary citizens can fight back

Salon

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Social and Economic Legislation and the Taft Court in the 1920s

I review the relevant chapters in Prof. Robert Post's forthcoming book

Reason

The Original Meaning of the Privileges or Immunities Clause

What Swift v. Tyson has to say to The Slaughter-House Cases

Reason

From his opinion yesterday in Bert Co. v. Turk (and see here how he applies this to the particular issue involved in that case, which is federal constitutional limits on state punitive damages awards); the opinion cites our own Randy Barnett many times: [I.] The United States Constitution protects unenumerated…

Reason

A State Justice Criticizes S. Ct.'s Constitutional Punitive Damages Caselaw

From Pennsylvania Supreme Court Justice David Wecht's concurrence yesterday in Bert Co. v. Turk (and see here for Justice Wecht's broader discussion of unenumerated rights): … While I have significant doubts about much of the jurisprudence that controls the present inquiry and that assigns punitive damage awards a federal "constitutional…

Reason

ChatGPT, the Latest in AI Software, Still Needs Some Work…

Prompt: Write an essay about Lochner v. New York in the style of David Bernstein Answer: Lochner v. New York is a landmark case that was decided by the United States Supreme Court in 1905. The case involved a challenge to a New York state law that regulated the working…

Reason

Volokh Conspiracy Holiday Gifts—2022

Gift ideas for the VC readers in your life!

Reason

Overturning Roe could damage court's legitimacy, legal experts say

PITTSBURGH — The U.S. Supreme Court’s decision Friday to overturn Roe v. Wade could do lasting damage to the institution’s legacy as it signals a changing approach to precedent, according to legal experts.

Tribune News Service

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The Guardian - US

Don’t believe those who say ending Roe v Wade will leave society largely intact

If the high court adopts Alito’s draft opinion, it will be a legal tidal wave that sweeps away a swath of rights unlike anything America has ever seen

Reason

Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it

That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.

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