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The Latest Breaking News from Randy Barnett

Best Executive Order Yet?

Plus: The Democratic Party's insecurities, protesting Trump via interpretive dance, the Yosemite locksmith, and more...

Reason

Randy Barnett: How Legal Is Trump's Agenda?

Georgetown constitutional law professor Randy Barnett discusses the legality of DOGE, Trump's executive orders, and birthright citizenship.

Reason

President Trump's Executive Order on Birthright Citizenship is Unconstitutional

Trump is doing many great things but trying to get rid of birthright citizenship is not one of them

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More on Birthright Citizenship and Undocumented Immigrants - Rejoinder to Barnett and Wurman

Why their response to me and other critics fails to refute key objections.

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Birthright Citizenship - A Response to Barnett and Wurman

Their argument for denying birthright citizenship to children of undocumented immigrants born in the US has multiple weaknesses, including that it would also have denied it to former slaves.

Reason

Review: A Radical Libertarian Lawyer Charts His Evolution

Randy Barnett developed an influential form of constitutional originalism.

Reason

My New Dispatch Article on Updating Libertarianism

Libertarian ideology remains generally sound. But I argue it could use a few updates.

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Gillespie Interviews Barnett on Originalism, Obamacare, and the Libertarian Movement

I encourage everyone to watch Nick Gillespie's cool interview with Randy Barnett. They touch on Randy's role in developing originalism, the challenge to Obamacare, and the future of the libertarian movement. I would also commend Randy's recent essay, fittingly titled "Libertarianism Updated." And if you haven't bought Randy's new book…

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Randy Barnett: Originalism, Obamacare, and the Libertarian Movement

Libertarian legal giant Randy Barnett on his epic Supreme Court battles, the Federalist Society, and watching movies with Murray Rothbard.

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Congratulations to Randy Barnett, Will Baude, Steve Sachs, and Keith Whittington, Whose Academic Work Was Cited in Rahimi

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

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Congratulations to My Co-Bloggers on the HeinOnline ScholarRank List

The Top 250 list is an rough measure of recent influence of authors of law review articles, based on citations by articles (especially weighing those in the last 5 years), citations by courts (likewise weighted in favor of the last 5 years), and number of accesses at HeinOnline for the…

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Volokh Conspiracy Holiday Gifts—2023

Gift ideas for the VC readers in your life!

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Moving The Section 3 Officer Argument From "Off The Wall" to "On The Wall"

Debates about Section 3 remind me of debates over the Affordable Care Act’s individual mandate

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Farewell to the Mayflower

Next year, the Federalist Society National Lawyers Convention will (likely) be at the Washington Hilton.

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A Worthy Open Letter Defending Liberalism in the Academy from its Opponents on the Left

I tend to be a bit skeptical of the value of open letters, and I rarely sign them, partly for that reason, and partly because I rarely agree wholeheartedly with the entire letter. That said, I signed the one below (as did co-Conspirator Randy Barnett, among other luminaries), and you…

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Congratulations to Our Own Randy Barnett, David Bernstein, and Gail Heriot,

on being cited by opinions in today's Student for Fair Admissions case: Randy and Gail were cited in Justice Thomas's concurrence, and David was cited several times in Justice Gorsuch's concurrence.

Reason

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

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Baby Ninth Amendments Part IV: All the Rights but Not ALL the Rights

Baby Ninths assume a Lockean social contract—not a Hobbesian one. They protect Lockean rights but not positive or procedural rights.

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Amateur Hour: A Little Bit of Python Can Let ChatGPT Discuss Your Documents

Guest Post on Chat GPT by Professor Seth Chandler (UH)

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Volokh Conspiracy Holiday Gifts—2022

Gift ideas for the VC readers in your life!

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An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

The Second Edition of the best-selling book is now available for pre-order.

Reason

How the Conservative Supreme Court Is Changing America

Leading libertarian legal scholar Randy Barnett talks about abortion, gun rights, and worrying trends at the highest court in the land.

Reason

Randy Barnett: Abortion, Guns, and the Future of the Supreme Court

The leading libertarian legal theorist talks about worrying trends at the Supreme Court as a conservative majority takes hold.

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Originalists Don't "Hate America"

A reply to Professor Andrew Koppelman

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