Judiciary
How the Supreme Court and the Incorporation Doctrine Helped Kill Breonna Taylor
There has been plenty of debate surrounding the death of Breonna Taylor in Louisville, Kentucky. But seldom mentioned is the role Supreme Court precedent and the incorporation doctrine played in setting the legal stage for events to unfold ending with the death of a...
Federal Courts Fail Again in Washington Gun Case
Conservatives and libertarians often turn to the federal courts to “protect their rights” through an application of the Bill of Rights to the states. This is a bad strategy. Most of the time it fails, and we end up with bad precedents that apply to the...
Can the Government Force Us to Eat Broccoli?
With President Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court, the Affordable Care Act โ Obamacare โ is back in the news. Barrett expressed constitutional misgivings about Obamacare 10 years ago when she was a professor at Notre Dame...
The Incorporation Doctrine Has Given the Supreme Court Nearly Unlimited Power
The latest fight over the next Supreme Court justice and the abject hysteria on display from both sides of the political aisle reveal yet another flaw in the incorporation doctrine. It has vested Supreme Court justices with nearly unlimited power and elevated them to...