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On Wednesday the justices heard oral argument in National Association of Manufacturers v. Department of Defense, which will determine the venue for challenges to Clean Water Act rules. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the...

With Progressives increasingly condoning censorship of conservative views as “hate speech,” conservatives are responding with an increasingly absolutist freedom of speech. Some recent essays written in reaction to the Antifa/neo-Nazi violence in Charlottesville show the appeal that the absolutist view has to conservatives: If political...

One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a...