Jay Schweikert

Dissenters in Fifth Circuit Qualified Immunity Case Misunderstand the Relationship between “Originalism” and Section...

JAY SCHWEIKERT, CATO INSTITUTE Yesterday I wrote about two recent en banc decisions from the Fifth and Eighth Circuits on the subject of qualified immunity, and how...

Two Recent en banc Decisions Exemplify the Injustice, Impracticality, and Persistent Confusion Inherent to...

JAY SCHWEIKERT, CATO INSTITUTE In the last week, the Fifth and the Eighth Circuits, sitting en banc, have each issued major, fractured decisions on the...