Zack Smith is a senior legal fellow and manager of the Supreme Court and Appellate Advocacy Program in The Heritage Foundation's Edwin Meese III Center for Legal and Judicial Studies.
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A beautiful aspect of American democracy is the separation of powers. The different branches of government are assigned specific functions, and are limited to the… Read More
LawCommentary
D.C. Mayor Muriel Bowser can’t decide what she wants. A year ago, she advocated for criminal justice measures that even The Washington Post’s editorial board… Read More
LawCommentary
President Donald Trump recently announced that by Sept. 1 he would release “a new list” of conservative Supreme Court nominees, “which may include some, or… Read More
LawCommentary
President Donald Trump took action five days ago to provide some coronavirus relief for Americans, saying he wasn’t going to wait for Congress. He signed… Read More
LawCommentary
Riots have rocked Portland, Oregon, nightly for almost two straight months. Other U.S. cities have suffered similar violence, albeit more sporadically. The rioting has nothing to… Read More
LawCommentary
On the last day of the Supreme Court’s pandemic-extended term, the court declared that nearly half the state of Oklahoma remained reservation land. This thrust… Read More
LawCommentary
One bad decision can be a mistake. Two is a pattern. In late May, Chief Justice John Roberts sided with the Supreme Court’s four liberal… Read More
LawCommentary
Michael Flynn’s attorney has fired another broadside at Judge Emmet Sullivan, the trial judge presiding over his case. Flynn filed a blistering brief opposing Sullivan’s… Read More
LawCommentary
Federal district court Judge Lynn Adelman had a terrible, horrible, no good, very bad day late last month when the Judicial Council of the 7th… Read More
SocietyCommentary
Seventy-seven years ago, U.S. Supreme Court Justice Robert Jackson wrote, “If there is any fixed star in our constitutional constellation, it is that no official,… Read More
LawCommentary
The Supreme Court issued one of the most consequential decisions of its term on its last day Thursday. No, it wasn’t either of the decisions… Read More
LawCommentary
Why are some in the government so determined to force a group of Catholic nuns to violate their beliefs? That’s a question we all should… Read More
LawCommentary
In a decision issued Monday, the Supreme Court ruled that states can punish presidential electors who break their pledge to support the presidential candidate preferred… Read More
LawCommentary
Michael Flynn’s case has been unprecedented. This isn’t news. But it is news that today a federal appeals court agreed and found that Judge Emmet… Read More
LawCommentary
Rep. Chip Roy, R-Texas, has introduced the Count Crimes to Cut Act, which represents a much-needed step toward transparency in federal criminal law. Scholars across… Read More
LawCommentary
The U.S. Court of Appeals for the 5th Circuit has taken federal District Judge Fred Biery to the proverbial woodshed over an outlandish order he… Read More
As our nation finds it way forward after weeks of pandemic-related lockdowns, governments have unfortunately treated churches and religious gatherings differently—and often less favorably—than comparable… Read More
LawCommentary
Today’s news reads like it’s ripped straight from the pages of the Old Testament. Plagues and protests dominate the headlines. But unlike Moses, who received… Read More
LawCommentary
In the United States, we don’t have kings or queens of any variety. Still, some judges apparently think they are philosopher-kings, and an order released… Read More
Health CareCommentary
Feeling tired? Worn out? Getting cabin fever after being stuck inside for the past two or three months? Good news! As many states move to… Read More
LawCommentary
A group of foreign dignitaries walk into a hotel bar. They buy drinks, have dinner, and stay the night. No, this isn’t the beginning of… Read More
LawCommentary
According to the U.S. Justice Department, continuing to prosecute Michael Flynn “would not serve the interests of justice.” The way he was treated by FBI… Read More
LawCommentary
The world’s most tenacious nuns were back at the Supreme Court on Wednesday morning, when the justices heard oral arguments in the latest round of… Read More
PoliticsCommentary
Fiscally troubled states are nothing new. In fact, our nation was born during a time of great economic upheaval, in which many of the new… Read More
LawCommentary
We’re in the middle of a crisis. People are on edge. Resources are limited. But through all of this, our first responders continue to do… Read More
LawCommentary
Imagine this: It’s the holiest day of the year for Christians. A crisis rolls through the nation. And as a person of faith, you want… Read More
LawCommentary
The coronavirus pandemic has brought out the best in some people. Unfortunately, it also has brought out the very worst in others. For reasons that… Read More
LawCommentary
According to a report this week from the Department of Justice’s inspector general, the FBI failed to be “scrupulously accurate” with information presented to a… Read More
EconomyCommentary
Four senators came under fire last week for making financially advantageous stock trades after receiving information about the then-approaching coronavirus pandemic. The optics of that… Read More
LawCommentary
Few stories in the criminal justice system today can still shock the conscience and elicit moral outrage. But Mark Lawlor’s case is one of them…. Read More
