Category Archives: ethics investigations

ELB Podcast 5:3: The Trump Prosecutions, the First Amendment, and Election Interference (Genevieve Lakier and Eugene Volokh)

New ELB Podcast: Do gag orders against presidential candidate Donald Trump in his civil or criminal trials violate the First Amendment? What should we make of Trump’s claims that his actions to overturn the results of the 2020 elections are… Continue reading

Justice Alito’s Bad Textualism Extends to His Mangling of Words to Justify Not Reporting a Seat on a Private Jet Paid for by a Billionaire Litigant

Years ago in conversation with an originalist and textualist, the person I was speaking to defended originalism and textualism as constraining judges. The counterexample on the right was Justice Alito voting his values. The idea is that if all judges… Continue reading