Would you prefer a passive judiciary?

February 10, 2015 | By TIMOTHY SANDEFUR

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about “judicial restraint” have shaken up both left and right, but any ...


New article on the original meaning of the Fourteenth Amendment

April 09, 2013 | By JOSHUA THOMPSON

Professor Michael Rappaport of the University of San Diego School of Law has released a new article titled, “Originalism and the Colorblind Constitution.”  The article’s strength lies in its rebuttal of arguments that the Fourteenth Amendment was never intended to ban race-based affirmative action policies.  Some scholars & ...