Court Cases
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...
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...
The Fascinating Supreme Court Opinions in the Vaello Madero Case
Note: In this Supreme Court case, issued April 21, 2022, II’s Rob Natelson received his 21st citation from the justices—this time from Justice Clarence Thomas. In this essay, which first appeared in the May 1, 2022 Epoch Times, he discusses the importance the case...
The 1859 Oberlin Trial: A Victory for the Higher Law
Months prior to John Brown’s infamous 1859 raid on Harper’s Ferry, a trial took place rooted in the same issues of slavery and federal enforcement that, while ultimately inconsequential in shaping future debate, is a historical event worth remembering. The incident...