Mark Pulliam

About Mark Pulliam

Mark Pulliam is a lawyer and commentator who fled California and now lives in Austin, Texas. He is a contributing editor at the Library of Law and Liberty and proprietor of the Misrule of Law blog.

Making Constitutional Law Great Again

Claremont-trained political philosophers represent some of the strongest voices in conservative intellectual circles, but many of them share a flawed view of the Constitution, expressed vigorously—and sometimes splenetically—by the late Harry V. Jaffa. Edward Erler’s recent essay, “Don’t Read the Constitution the Way Robert Bork Did,” channels both Jaffa’s truculent spirit and the

By | 2019-03-24T18:30:37-07:00 March 23rd, 2019|

The Pernicious Notion of ‘Unenumerated Rights’

A recent 60 Minutes segment on Juliana v. United States, the lawsuit now pending in an Oregon federal court, in which environmental activists assert a constitutional right to be free from climate change, perfectly illustrated Sen. Josh Hawley’s concern about federal judges who embrace the doctrine of “substantive due process.” Many Americans properly

By | 2019-03-12T12:34:04-07:00 March 12th, 2019|

Phony Constitutionalists Despise This Freshman Senator

Newly elected U.S. Senator Josh Hawley (R-Mo.), who handily defeated incumbent Democrat Claire McCaskill in November, is a former Supreme Court clerk who served previously as Missouri’s attorney general. At age 39, he is the youngest member of the Senate. Generally regarded as a rising star, the cerebral Hawley was named to the Senate

By | 2019-03-06T09:13:03-07:00 March 5th, 2019|

Kavanaugh: Too Soon to Be Reading Tea Leaves

Justice Brett Kavanaugh. Savor those words: They are the culmination of a harrowing ordeal—for Kavanaugh, his family, and the entire nation. At his despicable confirmation hearing, Kavanaugh was subjected to a pummeling more brutal than the gauntlets faced by Robert Bork and Clarence Thomas, combined. Kavanaugh’s replacement of moderate Justice Anthony Kennedy, long

By | 2018-12-13T20:14:07-07:00 December 13th, 2018|

Profiles in Absurdity: Jim Acosta as First Amendment ‘Hero’

The latest theatrics involving Jim Acosta, the left-wing political activist posing as a CNN reporter, perfectly illustrate the reasons why ordinary Americans despise the Beltway swamp: anti-Trump propaganda masquerading as journalism, rude and arrogant “reporters” engaged in 24/7 “resistance,” a federal judiciary so thoroughly dominated by liberal opinion that even Republican-appointed judges parrot

By | 2018-11-17T18:02:06-07:00 November 18th, 2018|

Power Struggle: What Kavanaugh’s Confirmation Really Means

When President Trump nominated Judge Neil Gorsuch for the U.S. Supreme Court last year, I predicted, “The real fight will come later, if and when one of the liberal Justices (Ginsburg, for example), or the swing-voting Kennedy, departs the court through death or retirement and creates another vacancy. At that point, when the ideological

By | 2018-10-15T21:50:19-07:00 October 16th, 2018|

Having Your Cake and Eating It, Too

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supreme Court on Monday, was the most closely watched case of the 2017-2018 term. And for good reason. In a classic culture war match-up, a devout Christian baker, Jack Phillips, was pitted against a same-sex couple, who were incensed that Phillips

By | 2018-06-06T23:46:39-07:00 June 6th, 2018|

Has Gorsuch ‘Gone Wobbly’ Already?

A Supreme Court decision on immigration that was not expected to be controversial instead attracted wide attention upon its release last week. The reason: Justice Neil Gorsuch, the much-heralded successor to the legendary Antonin Scalia, joined with the High Court’s four liberals to overturn an immigration statute on the grounds that it was “void

By | 2018-04-25T10:41:41-07:00 April 25th, 2018|

Is Impeachment the Answer to Judicial Overreach?

As someone who writes frequently on the topic of judicial activism, I am often asked, “What is the solution?” This is a vital question. Put another way—as I did in a previous essay at American Greatness—“Can Activist Judges Be Controlled?” The short answer is: With great difficulty, yes. But if it’s a quick

By | 2018-02-22T11:35:07-07:00 February 21st, 2018|