Thomas B. Griffith
Essay
On the Perpetuation of Our Constitution and Civic Charity
We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic charity. It has helped heal our nation in some of our most difficult times; it can do so again.
Feb 25, 2025
Essay
Deference, Delegation, and Divination: Justice Breyer and the Future of the Major Questions Doctrine
This Essay examines the major questions doctrine’s relationship to the administrative-law jurisprudence of a man who helped develop it: Justice Breyer. Born of Breyer’s proposal to bring nuance into judicial review of agency action, the doctrine has taken on a life of its own much different than what he imagined.
Nov 21, 2022