Things to Read This Week (3/17)
I’m not at my desk this week, but here are the latest things in my read/to-read pile:
The tributes to the great, late Professor Charles Fried in the Harvard Law Review (by Breyer, Goldberg, Lazarus, Minow, Sachs.
Virginia’s Congressional Districts are Unconstitutional, by Kevin Walsh. Somewhat aligned with what Michael McConnell and I wrote about judicial districting in the Atlantic in 2022.
The Inconvenience Doctrine, by Sai Prakash, argues that originalists can and should consider consequences when the text or its meaning is unclear.
I agree with this article more than you’d think from the way it cites Baude & Paulsen, The Sweep and Force of Section Three as a foil. Here’s what we say about the inconvenience doctrine there (at 649):
(And related, Christopher Green, Moral Reality as a Guide to Original Meaning: In Defense of United States v. Fisher).
Musk’s Madisonian Insight—And Its Troubling Consequences, my colleague Bridget Fahey making her Atlantic debut.
