U.S. Supreme Court,
Constitutional Law
Mar. 11, 2015
Creeping libertarian constitutionalism at US high court
Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues.
Ilya Somin
Professor of Law
George Mason University
Ilya is an adjunct scholar at the Cato Institute, author of "The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain," and "Democracy and Political Ignorance: Why Smaller Government is Smarter." He writes regularly for the Volokh Conspiracy blog.
Until recently, few legal commentators paid much attention to libertarian thought on constitutional issues. Libertarians seemed like a small minority outside the political mainstream and out of sync with the liberals and conservatives who dominate our political and legal discourse. Most legal thinkers believed that the U.S. Supreme Court decisively rejected libertarian ideas when it repudiated most judicial protection of economic freedoms and judicial enforcement of limits on federal eco...
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