One popular critique of originalism. (Source unknown.) A couple of days ago, I mentioned offhandedly that “originalism” and “textualism” are not the same thing. Then I moved on. A couple of readers have asked me to expand on this. What’s … Continue reading
Very, very broadly, the nation is divided into two camps on the substantive questions surrounding judicial nominations. Roughly half the nation supports textualism, and the other half supports the living tree doctrine. I doubt most people could actually name these doctrines, but it … Continue reading
There are several types of arguments about nearly all judicial nominations in the modern United States. Given the debate over filling Justice Ruth Bader Ginsburg’s seat, it is worth sorting out what those types are: 1. The Substantive Arguments: These … Continue reading
About a year ago, on Facebook, I shared a lecture given by Judge Amy Coney Barrett of the 7th Circuit Court of Appeals, noting that: (1) it was an excellent lecture, and (2) she could well be the next Associate … Continue reading
OVERALL: As we enter a third straight month of a stable, low plateau in covid cases, it seems safe to say that what Minnesotans are doing to combat covid-19 is working, and we should continue doing it. We should also … Continue reading
Over the past few weeks, I’ve been working on my opus And The War Came, about how America’s political institutions are considerably more fragile than widely believed. Since covid figures have been flat as a pancake for a while, I … Continue reading
EDITOR’S NOTE: A few weeks ago, I was looking for caulk on one of the high shelves in my garage, when I found a stack of about a hundred loose pages, held in place by a brick. I had never … Continue reading
Thanks for your patience. I was on vacation last week. We went up north to the Brainerd area to a cabin resort we favor. It was weird doing everything socially distanced and/or outdoors, but we got through the week with … Continue reading
OVERALL: For about the last month, Minnesota’s covid epidemic has been trending in the direction of a “second peak”. However, this week, that trend stalled out. By any measure, cases this week climbed much less than they did in recent … Continue reading
OVERALL: In Minnesota, covid is climbing steadily back toward a new peak. Unless something about Minnesotan behavior changes within the next week or two, we are likely to surpass our April/May first peak in about a month. However, for now, … Continue reading