The Latest Breaking News from Randy Barnett

Libertarian ideology remains generally sound. But I argue it could use a few updates.

I encourage everyone to watch Nick Gillespie's cool interview with Randy Barnett. They touch on Randy's role in developing originalism, the challenge to Obamacare, and the future of the libertarian movement. I would also commend Randy's recent essay, fittingly titled "Libertarianism Updated." And if you haven't bought Randy's new book…

Debates about Section 3 remind me of debates over the Affordable Care Act’s individual mandate

Next year, the Federalist Society National Lawyers Convention will (likely) be at the Washington Hilton.

I tend to be a bit skeptical of the value of open letters, and I rarely sign them, partly for that reason, and partly because I rarely agree wholeheartedly with the entire letter. That said, I signed the one below (as did co-Conspirator Randy Barnett, among other luminaries), and you…

on being cited by opinions in today's Student for Fair Admissions case: Randy and Gail were cited in Justice Thomas's concurrence, and David was cited several times in Justice Gorsuch's concurrence.

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

Baby Ninths assume a Lockean social contract—not a Hobbesian one. They protect Lockean rights but not positive or procedural rights.

Guest Post on Chat GPT by Professor Seth Chandler (UH)