Tag: Fourteenth Amendment

Trinity Lutheran and a Response to Michael Stokes Paulsen and NRO »

On May 3, The Wall Street Journal posted a short op-ed I wrote on the Trinity Lutheran case. (Sorry, but the op-ed is behind a pay wall; however, here is a blog post that gives some background to the case and my first impressions.) Professor Michael Stokes Paulsen, alleging I was “wrong on every...
Read More »

Thoughts on the Trinity Lutheran Case and SCOTUS »

The media has been reporting on the arguments in Trinity Lutheran Church v. Comer, the so-called “playground case.” I’ve had a chance to examine the briefs and arguments and wanted to share these thoughts. First, a bit of background. The state of Missouri operates a program whereby it reimburses nonprofits when they install rubber...
Read More »

When Thinking about Obergefell We Must Distinguish between Policy and Law »

Among the friends of liberty, there is much confusion about whether the Supreme Court’s Obergefell opinion is a vindication of liberty or an usurpation of power. When thinking about the opinion we should be aware of two different modes of analysis: policymaker and judge. How we see Obergefell depends on which mode we have switched...
Read More »

Libertarians Should Be Cautious in Celebrating Obergefell »

To no one’s surprise, five justices of the U.S. Supreme Court held that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and...
Read More »

Race-Based Admissions: Critical Mass Standard Is a Massive Mess in Texas »

When is a quota not a quota? That seems to be the burning question in the latest Supreme Court case on race-based college admissions. It’s also a problem of the Court’s own making. Twenty-two year old Abigail Fisher claims she was denied admission to the University of Texas at Austin because she is white....
Read More »

John Lotts’s More Guns, Less Crime Now in Expanded Edition »

Few books have had the scale of impact on a public policy debate more than has More Guns, Less Crime: Understanding Crime and Gun Control Laws, by John R. Lott, Jr. Now a decade after its first release and the raging debate it launched, the book is available as a less expensive paperback in...
Read More »

  • MyGovCost.org
  • FDAReview.org
  • OnPower.org
  • elindependent.org