The Latest Breaking News from Scalia

Would a person serving under the Vacancies Reform Act, who resigns, create a vacancy for purposes of the Recess Appointments Clause? Would a presidential adjournment of Congress be an inter-session or an intra-session recess?

Q: Judge Amul Thapar of the Sixth Circuit recently criticized the law clerk hiring boycott that you and others launched… The post An Interview with Judge James C. Ho appeared first on Reason.com.

I look forward to four more years of outrage based on misunderstandings of the Constitution.

You could also call this "Why people who hate Trump should love reining in agencies' power to determine their own power."

The case is Wade v. Univ. of Mich.; as is common for such denials of review, the majority didn't offer… The post Mich. S. Ct. Declines to Review Decision Upholding U. Michigan Gun Ban appeared first on Reason.com.

No, the U.S. Court of Appeals for the Fifth Circuit's initial standing rulings were not faithful applications of Supreme Court precedent.

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Justice Thomas demonstrates why Justice Scalia erred in his letter to Tillman.

One of my favorite Scalia lines came in Clinton v. City of New York. In dissent, Justice Scalia would have upheld the constitutionality of the Line-Item Veto Act. He explains that the law in fact does not give the President the ability to veto individual lines of a budget--a power…

If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…