How Americans ought to think about our founding principles.
Why originalist criticisms of Dobbs often misfire, and why criticisms *of* Dobbs's originalism often misfire too.
How a use tax on mifepristone might scramble abortion debates.
A look at personal jurisdiction after Mallory.
A keynote address to the Symposium on Common Good Constitutionalism.
More than you might think—and it’s getting better all the time.
Why Article I's residence requirement applies to appointees.
The residence question is closer than it might appear.
A long history of amending resolutions with legal effect.
A defense of institutional neutrality.
reviewing Common Good Constitutionalism.
What power lets Congress exempt harassment allegations from NDAs?
(available as forthcoming from the Oxford Journal of Legal Studies)
A review of Adrian Vermeule's Common Good Constitutionalism
On government curation and government speech.
Would the outcome in Dobbs put originalism in doubt?
A new norm to limit expedites.
Another way to understand what originalists are doing.
What original principles would say about this term's big case.
A "self-pardon" might bring about exactly the prosecution it seeks to avoid.
A response to our criticism of a proposed Bluebook rule.
The original rules might not be found in the text.
Do legislative subpoenas really need a limiting principle?
The plaintiffs' quarrel is with the statute book, not the defendants.
An old argument against "flexible and changeable interpretation."
What makes history constitutionally relevant?
A new decision on sovereign immunity, and what it means for originalists.