• Opinion

The surprising relevance of Marbury v. Madison.

  • Opinion

NRO's Ed Whelan lays into Judge Richard Posner's latest book, "The Federal Judiciary" (which Whelan suggests should be called "Mopey Dick").

  • Opinion

It does rather seem as if the effect of today's ruling is to schedule the case for an argument date that it will never reach, and to order the parties to brief a mootness question that will itself be moot, while ignoring the mootness question that will be more relevant in October.

  • Opinion

What history can tell us about the decline of constitutional remedies.

  • Opinion

Conservative justices should follow Mark Tushnet's premature advice for progressives

  • Opinion

"Defendant, using the nickname 'The Drone Slayer,' continues to assert that he was justified in shooting Plaintiff’s aircraft and vows to do it again."

  • Opinion

A decision handed down yesterday by the U.S. Court of Appeals for the Sixth Circuit.

  • Opinion

Why we should take seriously the restrictions that the Constitution imposes on Congress's power to delegate to courts.

  • Opinion

An unusual opening for a judicial opinion, for legal history fans.

  • Opinion

I've been blogging about the constitutional restraints on Congress's ability to delegate power to the judiciary. One of the main delegations to the judiciary, though, is something that happens every day: the implicit delegation of interpretive power that takes place when Congress enacts an ambiguous statute. Do the non-delegation doctrine and the Inherent-Powers Corollary have anything to say about this?

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