In addition, the piece I wrote a month ago for the Wall Street Journal on federalism and the pandemic response is now out from behind that newspaper’s paywall in a Cato reprint.

More on whether shutdown orders are a taking; WSJ federalism reprint ungated is a post from Overlawyered - Chronicling the high cost of our legal system

I joined host Newel Normand to talk federalism, the Constitution and the pandemic on New Orleans’s WWL on Thursday. You can listen here.

On the radio in New Orleans is a post from Overlawyered - Chronicling the high cost of our legal system

Constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The piece briefly mentions that after surviving yellow fever Alexander Hamilton and his wife Eliza underwent quarantine in the Schuyler Mansion on the order of Albany officials. That was a fun one to research. The essentials are found briefly stated in item number 10 of this list or in this longer narrative. Hamilton wrote a letter griping about the conditions of his confinement. And this article recounts how after the yellow fever outbreak of 1793, Congress expanded the federal government’s role in epidemic response, seen as a helper to the states.

More: responsive thoughts on federalism and the virus emergency from Ilya Somin.

Federalism comes through on virus response is a post from Overlawyered - Chronicling the high cost of our legal system

My short piece doesn’t take up the question of how the well-documented problems of consent decrees in other areas are to be weighed against the possible advantages of the device in curbing abuse-prone police departments. But at least some advocates of police reform and accountability have expressed doubts about whether the process, which can sometimes take political pressure off the local authority, really works as advertised [David Meyer Lindenberg, Tim Lynch, Scott Greenfield; see also John McGinnis]

Justice Department revamps consent decree rules: what the press missed is a post from Overlawyered - Chronicling the high cost of our legal system

That O’Connor was the swing Justice of her day did not mean that her role on the Court came down to trimming or compromise. Together with fellow Arizonan Rehnquist, no one was more central in the Court’s reinvigoration of federalism, drawing on her record as the only Justice of our era with extensive service in a state legislature. She has led public discussion in the right direction on issues ranging from professional responsibility and race and redistricting to judicial elections.

And as I noted in 2005, if a single jurist deserves our thanks for helping turn back what had seemed like an irresistible trend toward ever more litigiousness in the civil justice system, it is she. “More vocally than any of her present colleagues, Justice O’Connor sounded the alarm against what she’s termed ‘the increasing, and on many levels frightening, overlegalization of everyday life in our country today.'” Her leading role on such issues as due process review of punitive damages reflected that view. For that, as well as for her notice of my work along the way, count me among the grateful.

O’Connor: “I am no longer able to participate in public life” is a post from Overlawyered - Chronicling the high cost of our legal system

Sports gambling case reaffirms curbs on federal dictation to states is a post from Overlawyered - Chronicling the high cost of our legal system

“Is there now more opportunity for cross-ideological support for [federalism]? Or do continuing divisions on the nature of federalism such as the debate between competitive and cooperative federalism make this an unpromising alliance?” Panel at Federalist Society Lawyers’ Convention with John McGinnis, Heather Gerken, Abbe Gluck, Ilya Somin, John Eastman with Judge William Pryor moderating.

“Is Everyone Now for Federalism?” is a post from Overlawyered - Chronicling the high cost of our legal system

March 7 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Marijuana, federalism, and law enforcement is a post from Overlawyered - Chronicling the high cost of our legal system