Writings

Publish or Perish: The Budget Bill is Not Law

Publish or Perish: The Budget Bill is Not Law

The Morning After: Lessons From the Wisconsin Budget Battle

The Morning After: Lessons From the Wisconsin Budget Battle

Tea Party Economics

Tea Party Economics

Judge Sumi Does Her Job

Judge Sumi Does Her Job

The Constitutionality of the Open Meetings Law

The Constitutionality of the Open Meetings Law

Kagan Hearing Recap

Kagan Hearing Recap

Ozanne v. Fitzgerald: Haste Makes Waste

Ozanne v. Fitzgerald: Haste Makes Waste

Libertarians and Liberals

Libertarians and Liberals

Separation of Powers and the Wisconsin Supreme Court

Separation of Powers and the Wisconsin Supreme Court

Arizona’s Big Mistake

Arizona’s Big Mistake

The Constitutional Right of Recall

The Constitutional Right of Recall

What Are the Core Constitutional Values Behind the Tea Party Movement?

What Are the Core Constitutional Values Behind the Tea Party Movement?

Evolution and the Constitution

Evolution and the Constitution

The Original Intent of the Recall Power

The Original Intent of the Recall Power

Federalism, Free Markets and Free Speech

Federalism, Free Markets and Free Speech

What Price Protest?

What Price Protest?

Why the Permit Policies in the U.S. Capitol are Irrelevant

Why the Permit Policies in the U.S. Capitol are Irrelevant

Memo to the New Justices: That’s Not How We Do Things on the Court

Memo to the New Justices: That’s Not How We Do Things on the Court

Friends of Scott Walker v. GAB Changes the Recall Rules Mid-Stream

Friends of Scott Walker v. GAB Changes the Recall Rules Mid-Stream

Searching for Negative Space in the Constitution

Searching for Negative Space in the Constitution

The Roots of progressivism Lie in . . . the Republican Party?

The Roots of progressivism Lie in . . . the Republican Party?

A Republican Form of Government

A Republican Form of Government

Prosecutorial Discretion in the John Doe Investigation

Prosecutorial Discretion in the John Doe Investigation

The Court of Appeals Speaks in the Recall Case

The Court of Appeals Speaks in the Recall Case

Catholics on the Court

Catholics on the Court

Signing a Recall Petition Does Not Require Judicial Recusal

Signing a Recall Petition Does Not Require Judicial Recusal

The Use and Misuse of History

The Use and Misuse of History

Town Hall Meetings and Democracy

Town Hall Meetings and Democracy

Why the Supreme Court Should Uphold the Individual Mandate

Why the Supreme Court Should Uphold the Individual Mandate

Regulation and the Second Law of Thermodynamics

Regulation and the Second Law of Thermodynamics

Obamacare is Still Constitutional

Obamacare is Still Constitutional

The Umpire, the Cabinetmaker and the Wise Latina

The Umpire, the Cabinetmaker and the Wise Latina

Tearing Down Fences

Tearing Down Fences

Why We Fight

Why We Fight

Victory For Obamacare!

Victory For Obamacare!

Bork Reconsidered, part II

Bork Reconsidered, part II

The Constitutional Challenge to Act 10 is Serious

The Constitutional Challenge to Act 10 is Serious

The importance of Being Logical

The importance of Being Logical

Sticking It to the Constitution

Sticking It to the Constitution

Capitalism on Sale?

Capitalism on Sale?

Supreme Court Round Up Part One: McCutcheon v. FEC

Supreme Court Round Up Part One: McCutcheon v. FEC

Bork Reconsidered, Part I

Bork Reconsidered, Part I

Supreme Court Round Up Part Two: Burwell v. Hobby Lobby Stores, Inc

Supreme Court Round Up Part Two: Burwell v. Hobby Lobby Stores, Inc

Justice Roberts Has a Little List

Justice Roberts Has a Little List

Supreme Court Round Up Part Three: Harris v. Quinn

Supreme Court Round Up Part Three: Harris v. Quinn

Immigration Reform and the Challenge of Democratic Self-Government

Immigration Reform and the Challenge of Democratic Self-Government

President Obama’s Executive Orders Are Constitutional

President Obama’s Executive Orders Are Constitutional

Court of Appeals Upholds Dismissal of Sing-Along Citation

Court of Appeals Upholds Dismissal of Sing-Along Citation

The Chief’s Lawsuit

The Chief’s Lawsuit

Obamacare Upheld . . . Again

Obamacare Upheld . . . Again

Supreme Court Round Up Part One: Obergefell v. Hodges

Supreme Court Round Up Part One: Obergefell v. Hodges

Supreme Court Round Up Part Two: King v. Burwell

Supreme Court Round Up Part Two: King v. Burwell

The Senate Must Consider Supreme Court Nominations in Due Course

The Senate Must Consider Supreme Court Nominations in Due Course

How to Interpret Away the Home Rule Provision

How to Interpret Away the Home Rule Provision

Time is Running Out to Confirm Judge Garland

Time is Running Out to Confirm Judge Garland

My Client Was Accused of Violating the Cuba Trade Embargo (But What Trump Did Was Worse)

My Client Was Accused of Violating the Cuba Trade Embargo (But What Trump Did Was Worse)

Big Dreams and Hidden Harms

Big Dreams and Hidden Harms

A Trifecta of Illegitimacy

A Trifecta of Illegitimacy

President Trump’s Executive Order is Still Unlawful

President Trump’s Executive Order is Still Unlawful

More Doubts About the Court’s Resolution of the John Doe Investigation

More Doubts About the Court’s Resolution of the John Doe Investigation

Emoluments, Textualism and Original Intent

Emoluments, Textualism and Original Intent

On Originalism and the First Amendment

On Originalism and the First Amendment

The Senate Has No Authority to Obstruct Nominees to the Supreme Court

The Senate Has No Authority to Obstruct Nominees to the Supreme Court

The Costs of Janus v. AFSME

The Costs of Janus v. AFSME

Not a Pretty Picture: Potential Challenges to Wisconsin’s Voter ID Law

Not a Pretty Picture: Potential Challenges to Wisconsin’s Voter ID Law

Charters, Compacts and Tea Parties

Charters, Compacts and Tea Parties

Funding Stem Cell Research

Funding Stem Cell Research

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