Judiciary
How the States Can be Even Worse than the Feds on Qualified Immunity
For decades, the federal courts have upheld the doctrine of qualified immunity, giving federal officials enormous legal protections against lawsuits from private citizens for violating their rights. As interpreted today, a federal agent only has to “reasonably...
Today in History: Judiciary Act of 1789 Signed into Law
On this date in 1789, George Washington signed the Judiciary Act into law. This was arguably the first federal exercise of unconstitutional power. Article III of the Constitution delegated judicial power to the Supreme Court and empowered Congress to “ordain and...
One reason judges make mistakes about the Constitution
Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen? There are several reasons, but here’s one that few people appreciate: Often when judges are called on to interpret a word or phrase in the...
Fact Check: No, overruling Roe v. Wade would not endanger other rights
In a previous essay, I surmised that the purpose of leaking the Supreme Court’s draft opinion overruling Roe v. Wade (pdf) was to expose one or more justices to political pressure. Abortion proponents are now applying that pressure—in the media, from academia, in...