Court Cases
The Legacy of Lochner
The Lochner case may be one of the most remarkable cases in the whole of Constitutional law — remarkable for its influence in the development of “substantive due process.” It’s also remarkable for its role in the Court’s de-coupling of personal...
The Myths of Cooper v. Aaron
In his paper, “The Irrepressible Myth of Cooper v. Aaron” published by the Georgetown Law Journal, Josh Blackman writes, “Despite its constitutional provenance and majestic grandeur, the Supreme Court of the United States operates like any other...
Federalism Gets the Bird for Thanksgiving
In what many consider a Thanksgiving gift for religious liberty, the United States Supreme Court struck down occupancy limits for church gatherings in New York. The restrictions were implemented by Governor Andrew Cuomo in an attempt to thwart the spread of the...
How One Landmark Case Shaped the Commerce Clause
In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting principle he included in his opinion. The commerce clause...