An Historian’s Thoughts on The Founders and The Second Amendment

The sentence is weak. The weakness is deliberate. Madison couldn’t afford, on the one hand, to let the amendment seem to contradict the hard-won federal military power in the Constitution’s main body. He couldn’t afford, on the other hand, to underscore too strongly for the states’ comfort the overwhelming nature of that federal power. The […]

Theories On The Leak From People Who Actually Have The Background To Speculate

The leak will ultimately pale in importance to the court’s decision once it is issued; the ruling will directly affect the lives and rights of tens of millions of people. But in the meantime, the motives of the leaker are an important topic because they help explain why an institution that zealously guards its secrets […]

Stare Decisis and The Problem Of Encouraging Lying

Are we supposed to believe that the Justices who have signed on to the draft opinion shouting that Roe was “always” “egregiously wrong” – since it was decided in 1973 (almost fifty years ago) – were truth-telling during their confirmations when they praised Roe as “important” precedent that they’d never really thought about? If so, […]

The Ambassador Club (For St. Patrick’s Day)

The year was 1951. According to Myrtis Smith, they were running numbers and gambling down at Ambassador Billiards on Avery Street. Bob Null, the Justice of the Peace, dutifully took the complaint, carefully transcribing Myrtis’ words: “something that happened in her family in relation to the losing of some money” by her husband, Emerson. Null […]

Mizrahi May Be Dead In Florida (why that is great for families of medical malpractice victims)

For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different […]