Supreme Court and constitutional law roundup

by Walter Olson on May 27, 2014

  • Boston’s North End, the home-as-one’s-castle doctrine, and how we got the Fourth Amendment [Ted Widmer, Globe]
  • NYT sniffs at Origination Clause as basis for ObamaCare challenge, but many framers of Constitution saw it as vital [Trevor Burrus, Forbes; Ilya Shapiro; four years ago on another Origination Clause episode]
  • Justice Scalia, concurring in Schuette, knocks the fabled Carolene Products footnote down a peg [Michael Schearer]
  • SCOTUS lets stand New Jersey’s very extreme gun control law. Was it serious about reviving the Second Amendment? [Ilya Shapiro]
  • Didn’t link this earlier: Kenneth Anderson discusses his excellent Cato Supreme Court Review article on Kiobel, the Alien Tort case [Opinio Juris]
  • Kurt Lash guestblogs on 14th Amendment privileges and immunities clause [Volokh Conspiracy]
  • Supreme Court reviving law/equity distinction? (Hope so.) [Samuel Bray, SSRN via Solum]