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Will Baude

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reflections-on-texas-as-a-defendant

Reflections on Texas as a Defendant

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As many news outlets report, and as Josh discusses below, the United States has now filed a suit against the state of Texas in federal court, seeking to enjoin the state and its agents from enforcing SB 8. Josh notes a number of possible procedural problems the suit may face, and while I do not […]

john-marshall-argued-for-the-independence-of-federal-prosecutors

John Marshall Argued for the Independence of Federal Prosecutors

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I think it’s relatively commonly believed these days that the President has a great deal of authority of federal prosecutions, even if he should generally abide by a norm of non-interference. This is obviously the view of “unitary executive” types, but even those who question some aspects of the unitary executive thesis have sometimes accepted […]

last-week’s-podcasts

Last Week’s Podcasts

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I have two new podcast episodes this week. One on Dissenting Opinions, a conversation with Kevin Walsh about severability doctrine, focusing on the perplexing case of Barr v. AAPC: Stable, Predictable, Commonsensical. (F Read More Article from Latest – Reason.com Will Baude

why-corpus-linguistics-does-not-undermine-dc-v.-heller-(much)

Why Corpus Linguistics Does Not Undermine DC v. Heller (Much)

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I recently participated in a conference on the application of legal corpus linguistics to the Second Amendment, a topic I’ve long wanted to make up my mind about. My tentative conclusion is that the corpus linguistics evidence does not undermine much of the Supreme Court’s opinion in DC v. Heller. As part of the conference […]

originalism:-a-deep-dive

Originalism: A Deep Dive

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As I mentioned earlier, my colleague Adam Chilton and I spent last winter recording a quarter-long conversation about originalism. Our basic goal was to work through a systematic argument for originalism together, with me advancing my theory of constitutional interpretation while Adam asked questions, expressed skepticism, and generally tried to understand the strong and weak […]