Eric Posner and a Study of American Demagoguery

I am very pleased to have the unexpected and very welcome opportunity to work and write alongside some excellent folks at The Bulwark, which is doing the Lord's work in helping to create a decent and vibrant center-right movement--one that stands in opposition to the racist and white nationalist movement currently infesting the Republican party …

What We Learn from Today’s Supreme Court Rulings

The Supreme Court handed down two important decisions today. Both were rightly decided, in my view. The first was Burwell v. Hobby Lobby. Eugene Volokh has a very good rundown of the case here. Note the following from his post: . . . The owners of Hobby Lobby sincerely believe that it’s wrong for them …

More on McCutcheon: Justice Breyer’s Dangerous Ideas on Free Speech

Two blog posts on the Supreme Court's McCutcheon decision deserve mention and praise for the way in which they highlight disquieting themes in Justice Breyer's dissenting opinion. The first is this one by legendary First Amendment lawyer Floyd Abrams, who has spent a laudable lifetime working to leave the state of First Amendment jurisprudence better than …

In Praise of McCutcheon

The Supreme Court has come down with its ruling in McCutcheon v. FEC, eliminating all limits on campaign contributions on the theory that such limits constitute an unjustifiable infringement on First Amendment-protected speech. Predictably, there is a great deal of Sturm und Drang about the Court's decision, but as a First Amendment-absolutist, I am quite …