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Open Thread
3+ hour, 15+ min ago (61+ words) Eugene Volokh | 4. 20. 2026 3: 00 AM NEXT: What Other Leaked Documents From Long-Ago Are Coming? Charles Oliver | 4. 20. 2026 4: 00 AM Elizabeth Nolan Brown | From the May 2026 issue Nick Gillespie | 4. 19. 2026 6: 30 AM Brandan P. Buck | From the May 2026 issue C. Jarrett Dieterle | 4. 18. 2026 7: 00 AM...
What Other Leaked Documents From Long-Ago Are Coming?
10+ hour, 27+ min ago (387+ words) We've moved past the phase of leaking current SCOTUS documents. Now past records are in the wild. Josh Blackman | 4. 19. 2026 7: 48 PM I've been giving more thought to the Clean Power Plan leak. I keep coming back to the fact that this…...
On the Original Meaning of Birthright Citizenship
7+ mon, 3+ week ago (164+ words) My new paper on the original meaning of the citizenship clause of the Fourteenth Amendment Keith E. Whittington | 8. 25. 2025 8: 30 AM Sometimes the conventional wisdom is simply correct and efforts at revisionist thinking are misguided. To my mind, this is such a case....
Upcoming Speaking Engagements
10+ mon, 4+ week ago (189+ words) Ilya Somin | 5. 21. 2025 4: 25 PM May 27, 12-1: 00 PM, Cato Institute, Washington, DC: "Tariffs, Emergencies, and Presidential Power." (panel with Cato Institute scholar Walter Olson). Virtual event. Free registration available here. May 31, 3-4 PM, Pruyne Lecture Hall, Fayerweather Hall, Amherst College, Amherst, MA: "Challenges Facing American…...
Upcoming Speaking Engagements [Updated]
3+ mon, 1+ week ago (962+ words) Ilya Somin's upcoming speaking engagements for the Spring 2026 semester. Most are free and open to the public. Ilya Somin | 1. 7. 2026 11: 45 AM Below is my list of speaking engagements for the Spring 2026 semester. Unless otherwise noted, all events are free and open…...
Upcoming Speaking Engagements in Spain and Italy
17+ hour, 7+ min ago (368+ words) I will be giving multiple talks in these two countries in late April and May. Ilya Somin | 4. 19. 2026 1: 08 PM In late April and May, I will be doing multiple speaking engagements in Spain and Italy. Several of these events are open…...
How Should The Non-Delegation Doctrine and the Major Question Doctrine Apply to Foreign Affairs?
1+ mon, 3+ week ago (306+ words) Justices Thomas and Kavanaugh raise important issues that Justice Gorsuch and Chief Justice Roberts do not fully address. Josh Blackman | 2. 23. 2026 11: 25 AM In an earlier post, I observed that'Learning Resources is not really a constitutional law case. The bulk of the…...
The Chief Justice Behind The Curtains
18+ hour, 49+ min ago (130+ words) Josh Blackman | 4. 19. 2026 11: 26 AM The leak in the Clean Power Plan case confirms much of how I've suspected the Chief manages his leadership of the Court. Remember how John Roberts projects himself publicly. Roberts is an "institutionalist." He came to the…...
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
8+ mon, 2+ week ago (299+ words) A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times. Jonathan H. Adler | 8. 1. 2025 2: 23 PM For reasons I will briefly explain below, I stand by my prior assessment in every respect, including…...
On the Original Legal Meaning of "Subject to the Jurisdiction Thereof"
2+ week, 5+ day ago (202+ words) The allegiance reading has no basis in the historical usage of this language in American law Keith E. Whittington | 4. 1. 2026 6: 30 AM As a piece of legal text, "subject to the jurisdiction" was neither ambiguous nor obscure. Its meaning would have been straightforward…...