The Constitution, the Courts, and the Culture publication

Decision Points in Mahmoud v. Taylor

Edward Whelan

The Supreme Court heard oral argument Tuesday in Mahmoud v. Taylor, a case addressing parental rights in public schools. The lawsuit…

Articles

National Review Online / May 10, 2025

Congress Should Keep California From Dictating Environmental Rules To The Whole Country

Michael Fragoso

Repealing Biden-era California waivers is an appropriate exercise of congressional powers against executive misinterpretation of the law.

Articles

The Federalist / May 6, 2025

UK Supreme Court Rules That ‘Woman’ in Equality Act Means Woman

Edward Whelan

In a unanimous opinion today (in For Women Scotland v. Scottish Ministers), a five-justice panel of the Supreme Court of…

Articles

National Review Online / May 1, 2025

How Activist Judges Could Hasten the Filibuster’s Demise

Michael Fragoso

When I interviewed to work for then-Republican Minority Leader Mitch McConnell in 2021, he told me that we’d have one…

Articles

City Journal / April 24, 2025

The Supreme Court Yells Stop

Michael Fragoso

The Supreme Court finally stood athwart the single-party district courts running riot and yelled “STOP!” In a case involving the…

Articles

National Review Online / April 20, 2025

Is Donald Trump Breaking the Law? Seven Experts Weigh In.

Edward Whelan

Trump critics say we are in a constitutional crisis. The White House says that’s hysterical. What do our top legal minds say?

Articles

The Free Press / April 20, 2025

Diane Sykes: A Model Judge

Michael Fragoso

The chief judge of the Seventh Circuit is an example for others to follow — including in her decision to retire.

Articles

National Review Online / April 11, 2025

The Future of the Seventh Circuit

Michael Fragoso

Chief Judge Diane Sykes stepping down from the U.S. Court of Appeals for the Seventh Circuit, this leaves a hole…

Articles

National Review Online / April 8, 2025

No, The Senate Shouldn’t Let Even More Unaccountable Bureaucrats Decide What The Law Says

Michael Fragoso

Senate Republicans obviously shouldn’t outsource their legislative prerogatives to the parliamentarian.

Articles

The Federalist / April 4, 2025

How Justice Antonin Scalia Interpreted the Constitution

Edward Whelan

He embraced textualism as the proper method of interpreting all legal texts.

Articles

Wall Street Journal / March 31, 2025

The Supreme Court Case That Could Determine DOGE’s Future

Michael Fragoso

Washington is in a tizzy over Donald Trump‘s sweeping assertions of executive power, often at the behest of Elon Musk, an influential…

Articles

Newsweek / March 31, 2025

The legal move that could stop anti-Trump lawsuits in their tracks

Michael Fragoso

Trump’s enemies are weaponizing the courts — again. But a rarely used legal tool could strip district court judges of their power. Will the Justice Department use it?

Articles

The Blaze / March 19, 2025