James C. Phillips

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Discrimination and the Ivory Tower

by John Yoo, James C. Phillipsvia Hoover Digest
Wednesday, April 24, 2019

The Supreme Court may finally get to clean up the mess that race-based admissions have created at our universities.

Analysis and Commentary

Technology And The Fourth Amendment

by John Yoo, James C. Phillipsvia National Review
Tuesday, March 19, 2019

We close our series on the new Roberts Court and restoration of the Constitution’s original understanding with the issue most distant from the Framing: the rise of a new high-tech world. We now hold the equivalent of yesterday’s supercomputers in our pockets. Communications occur instantly, from encrypted messages to Twitter blasts that reach millions. Entrepreneurs make fortunes by analyzing and harvesting the 2.5 quintillion bytes of data produced each day.

Analysis and Commentary

How To Restore Separation Of Powers

by John Yoo, James C. Phillipsvia National Review
Tuesday, February 12, 2019

The war between President Donald Trump and Special Counsel Robert Mueller rages on. Mueller continues to methodologically pick off Trump’s former allies: Michael Flynn, Paul Manafort, and Michael Cohen, among others. Yet no evidence has surfaced that indicates collusion with the Russians, much less a criminal conspiracy between Trump and Russia. In response, the president floats the idea of firing Mueller or pardoning himself while also maintaining his own innocence. 

Analysis and Commentary

Finally, The Supreme Court Is Taking Up Gun Rights Again

by James C. Phillips, John Yoovia Los Angeles Times
Sunday, January 27, 2019

On Tuesday, the Supreme Court granted review of a case involving the constitutional right to keep and bear arms. The case challenges a New York City law that prohibits transporting handguns, even licensed and unloaded ones, to places outside of the city, including to a second home or a shooting range.

Analysis and Commentary

The Supreme Court Should Make Politics Local Again

by John Yoo, James C. Phillipsvia National Review
Tuesday, January 15, 2019

With President Trump in the Oval Office, liberals who sought broad national powers during the Obama years have discovered the virtues of federalism. On issues from immigration to the environment to drug policy, they rely on states’ rights to chart a path at odds with that of Washington, D.C.

Analysis and Commentary

‘Free Speech’ Means Just That

by John Yoo, James C. Phillipsvia National Review
Monday, December 31, 2018

A too-broad interpretation of the Constitution’s free-speech clause protects things that have nothing to do with speech and makes other clauses superfluous.


More On The Free-Exercise Clause And Religious Exemptions

by John Yoo, James C. Phillipsvia National Review
Wednesday, December 12, 2018

Despite a pair of recent responses by Ramesh Ponnuru and another by Professor Vincent Philip Muñoz, we continue to view the original understanding of the Constitution’s free-exercise clause to require exemptions to otherwise generally applicable laws except under certain conditions, such as harm to individuals, danger to the public, or the infringement of equal rights. 

Analysis and Commentary

An End To Racial Preferences At Last?

by John Yoo, James C. Phillipsvia National Review
Tuesday, December 4, 2018

The Supreme Court could be ready to rule that racial discrimination is illegal, even if it is purportedly done for a good cause.

Analysis and Commentary

On Religious Freedom, Madison Was Right

by James C. Phillips, John Yoovia National Review
Friday, November 30, 2018

We’re both fans of Ramesh Ponnuru. But we think he’s wrong in a recent post here on the Corner. There he argues that we are advocating an un-originalist position for the Free Exercise Clause: requiring the government accommodate religious dissenters from laws, except under certain conditions. He contends that our position is the one ushered in by the Supreme Court in 1963 in Sherbert v. Verner, which was replaced by Justice Scalia’s views for the court in 1990’s Smith. And Ramesh muses that Scalia was probably right.

Analysis and Commentary

Religion And The New Supreme Court

by John Yoo, James C. Phillipsvia National Review
Thursday, November 29, 2018

In the wake of the confirmation of Justice Brett Kavanaugh to the Supreme Court, religion will probably present the first test of the new Roberts Court’s commitment to the original meaning of the Bill of Rights. Religion has not become a constitutional battlefield just because conservatives tend to be more religious than liberals (though they are). Religion has not assumed legal importance solely because of the ongoing cultural conflict between traditional and secular visions of our society, either. Religion has taken center stage also because it has become the spiritual and moral refuge from an ever-expanding administrative state.