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Wednesday, February 1, 2023

"Business as Usual" For Originalism?

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I've argued at length elsewhere that three of the highest-profile cases of the Supreme Court's October 2021 term marked a shift awa...
Thursday, December 15, 2022

Appointing Expert Historians in Second Amendment Cases

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Second Amendment law is in a strange place right now. The Supreme Court's ruling this past summer in New York State Rifle & Pistol A...
Thursday, December 8, 2022

Strategic Originalism

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About a week ago, Ruth Marcus at the Washington Post wrote an essay  attacking originalism. Her critiques are varied and are digestible vers...
Friday, August 26, 2022

Bruen's Historical Tradition Approach and Bans on Gun Possession by 18-to-20-Year-Olds

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Yesterday, the United States District Court for the Northern District of Texas issued a ruling on the parties' motions for summary judg...
Wednesday, August 10, 2022

Choosing History

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Will Baude has written a column in the Washington Post, entitled Of Course the Supreme Court Needs to Use History. The Question is How. Bau...
Tuesday, May 31, 2022

The Present Public Meaning Approach to Constitutional Interpretation

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My article, The Present Public Meaning Approach to Constitutional Interpretation will be published in Volume 89 of the Tennessee Law Review...
Tuesday, April 19, 2022

The Opaque, Incomplete Corpus Linguistics Analysis in the Mask Mandate Ruling

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As virtually all news outlets have reported, Judge Kathryn Kimball Mizelle of the United States District Court, Middle District of Florida, ...
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