No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison The Supreme Court’s power to nullify legislative and executive acts is inherent in the Constitution. Reason · Dec 2, 2025
The supreme court is cracking down on judges – and letting Trump run wild The justices’ decision limiting judicial injunctions gives a red light to the most effective check on the president’s power grab The Guardian - US · Jul 2, 2025
Luttig: "A rebuke from the nation's highest court … could well cripple Mr. Trump's presidency and tarnish his legacy" No, this fight will not end well for the courts. Reason · Mar 23, 2025
Is it time for a judges' strike? There is a case to be made that the United States is a "vexatious litigant" Salon · Feb 15, 2025
Members of the International Criminal Court Need To Relearn The Lesson of Marbury v. Madison Jefferson likely would have ignored any command from Chief Justice Marshall, and Marbury did not issue such a command. Reason · Jan 24, 2025
Part I: Foundational Cases on Constitutional Structure An Introduction To Constitutional Law Video Library: Chisholm v. Georgia (1793), Marbury v. Madison (1803), McCulloch v. Maryland (1819), Gibbons v. Ogden (1824), Barron v. City of Baltimore (1833) Reason · Nov 1, 2024
"Goodbye, Chevron: Rediscovering the Virtues of an Independent Judiciary" You could also call this "Why people who hate Trump should love reining in agencies' power to determine their own power." Reason · Oct 24, 2024
John Roberts: Federalist Revisionist and Judicial Supremacist The Chief Justice retconned Federalist Nos. 37 and 78. Reason · Jun 30, 2024
Trump And Special Counsel Clash Over Supreme Court Decision Interpretation Legal battle between Trump and Smith over Marbury v. Madison implications on presidential immunity. Top News · Apr 25, 2024
Prof: Trump lawyers would fail my class Trump team's Supreme Court brief on criminal immunity gets low marks Salon · Apr 3, 2024
SCOTUS is broken — can it be fixed? After Dobbs, many Americans woke up to the Roberts court's dangerous power. But history offers lessons — and hope Salon · Mar 3, 2024
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status. Reason · Feb 26, 2024
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter." Reason · Feb 6, 2024
Former Presidents Do Not Enjoy Blanket Criminal Immunity So says the DC Circuit Court Reason · Feb 6, 2024
Reason · Jan 2, 2024 Federal Court Again Refuses to Dismiss Juliana Climate Case Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.
Reason · Jun 27, 2023 Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules Chief Justice John Roberts decisively rejected the independent state legislature theory.
Reason · Jun 20, 2023 Roaming Polansky and the Constitutionality of Qui Tam Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.
Salon · Dec 8, 2022 Will SCOTUS enshrine minority rule? The "independent state legislature" theory is a ludicrous fringe position. Will that stop the right-wing justices?
Reason · Mar 29, 2022 A Draft of "Severability First Principles" is Now Available For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is fundamentally just a question about "say[] what the law is," as Marbury v. Madison put it.…