Stymieing agency efforts to address issues from climate change to the COVID-19
pandemic,'the major questions doctrine has emerged as a powerful weapon wielded against …

In the past two years, the Supreme Court has invalidated two major executive-branch
initiatives–the termination of the Deferred Action for Childhood Arrivals (DACA) policy and …

More profoundly, and perhaps paradoxically, the opinion may lay the groundwork for the
eventual vindication and protection of particular minority interests-those of the fetus. With this …

Constitutional argument runs on the rails of" modalities." These are the accepted categories
of reasoning used to make claims about the content of supreme law. Some of the modalities …

There are currently two tracks for unintentional discrimination claims. 1 Say a plaintiff brings
a constitutional religious discrimination claim. That plaintiff would succeed if they showed …

In the fall of 2021, the legal commentariati and the broader public2 were transfixed by the
battle over SB 8, 3 Texas's" heartbeat" abortion law. 4 Enacted earlier that year with the …

The" countermajoritarian difficulty" was a central preoccupation for twentieth-century
constitutional law scholars.'Alexander Bickel, who coined the phrase in The Least …

John Hart Ely's Democracy and Distrust1 remains among the best-known and most widely
praised efforts by a liberal constitutional theorist to explain away the" counter-majoritarian …

Perhaps the most basic task of a constitution is to supply the rules of" the political game." 1
Constitutions establish frameworks within which public power is allocated, government …

Over the past three decades, the Supreme Court has led a historicist revolution in equity
jurisprudence. In a series of decisions known as the" new equity" cases, the Court has …