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Charles C. W. Cooke, John Yoo, and Richard Epstein break down three major Supreme Court decisions from the end of the term: Trump v. Barbara, the birthright citizenship case that left the status quo intact while sparking a debate over originalism, birth tourism, and Wong Kim Ark; West Virginia v. BPJ, the transgender-athletes case addressing Title IX, equal protection, women’s sports, and federalism; and National Republican Senatorial Committee v. FEC, the campaign-finance ruling that further limits restrictions on coordinated party spending and raises big questions about money, speech, corruption, and the future strength of political parties.
Discussion (1)
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I know that John doesn't read listener comments, but perhaps Charles or Richard could address--possibly in consultation with John--whether the decision in Trump v. Barbara signifies a departure from or even a complete rejection of the Supreme Court's rules of self-restraint first enunciated in Ashwander v. Tennessee Valley Authority in 1936? Will this court continue to rule on Constitutional issues even when a result can be reached on a statutory or other non-Constitutional basis? Are the Ashwander Rules dead?