The Latest Breaking News from Sam Bray

Yet, neither the majority nor the dissent cited Bruen

Some were surprised by the Supreme Court's action, but they should not have been.

The way to depoliticize the courts is to depoliticize the courts.

Sam Bray's very interesting "Animals, Fractions, and the Interpretive Tyranny of the Senses in the Dictionary" led me to look up the case he began with, and I thought it was amusing enough to pass along in full; it's Nashville & K.R. Co. (Tenn. 1902): This is an action for…

Our position is consistent with the "legal drafting culture" at the Constitutional Convention.

Today I participated in a Rappaport Forum discussion at Harvard Law School titled "Rule by One Judge: The Question of Universal Injunctions." My fellow participant was Professor Mila Sohoni, and our moderator was Professor Guy-Uriel Charles. It was an excellent discussion, and you can watch it here. Two of the…

The good, the bad, and the ugly.

Michael Stokes Paulsen, Michael McConnell, Sam Bray, and I recently completed and posted the 2023 online supplement to our constitutional law casebook: The Constitution of the United States. (I shilled for the book earlier on this blog -- at the start of the Trump administration -- as "A new constitutional…

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."