Torn photos juxtaposing the face of a Black man and an Asian woman.

A New Theory of Race in America

How white-dominated racial power produces inter-ethnic group conflict.
John Hart Ely.

The Liberal Giant Who Doomed Roe

His works underpins the Dobbs decision. His legacy matters enormously to what's next for constitutional law.
U.S. Supreme Court Chief Justice William Rehnquist testifies to a House Financial Services subcommittee about minting coins in commemoration of former Chief Justice John Marshall on March 10, 2004.

There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation

The Supreme Court Justice's defense of Plessy v. Ferguson in a 1993 memo continues to influence the court's interpretation of the 14th amendment.
Sketch of a gathering of African Americans gathering in a meetinghouse.

“Nativity Gives Citizenship”: Teaching Antislavery Constitutionalism Through Black Conventions

The demand of antislavery activists for accused fugitives to be guaranteed a jury trial was an implicit recognition of Black citizenship.
Illustration of the Supreme Court and a school house mirroring each other. The Supreme Court sits atop a dollar bill, and the school house is upside down on the other side of the bill.

The Racist Idea that Changed American Education

How a landmark Supreme Court decision was shaped by the racist idea that poor children can’t learn.
A black and white photo of new suburban homes, 1963.

When Real Estate Agents Led the Fight Against Fair Housing

A new book argues that the real estate industry’s campaign to defend housing segregation still echoes in today’s politics.
Undocumented students in support of DACA
partner

Biden Will Allow Undocumented Students To Access Pandemic Relief

For decades, policymakers have debated who may access public education and the social safety net.
A man during the Capitol Siege holding a Confederate flag.

The Case for a Third Reconstruction

The enduring lesson of American history is that the republic is always in danger when white supremacist sedition and violence escape justice.
Members of the National Guard stand behind a fence outside of the U.S. Capitol building.

Impeachment May Not Work. Here’s the Next Best Way to Dump Trump

The 14th Amendment offers a remedy that is both simpler and likelier to work.
partner

Bush v. Gore: How a Recount Dispute Affects Voting Today

The controversy surrounding the 2000 presidential election led to sweeping voting reforms, but opened the door to a new set of problems still affecting us.
Headshot of Ruth Bader Ginsburg

The Glorious RBG

I learned, while writing about her, that her precision disguised her warmth.

The Push to Remove Any Mention of Slavery From Vermont’s Constitution

The state prides itself on its abolitionist history. But its identity has been shaken by recent racist incidents.
853 map of San Francisco by the U. S. Coast Survey

Demolishing the California Dream: How San Francisco Planned Its Own Housing Crisis

Today's housing crisis in San Francisco originates from zoning laws that segregated racial groups and income levels.

The Original Constitution of the United States: Religion, Race, and Gender

The Constitution of 2018 is not the Constitution written by the Framers in 1787, and no one should wish otherwise.

Artificial Persons

The long road to "Citizens United."

How to Balance Competing Claims of Religious Freedom?

Peyote use has been defended with religious liberty arguments. So has Bible reading in public schools.
Pauli Murray

The Life of Pauli Murray: An Interview with Rosalind Rosenberg

The author of a new biography explains how Murray changed the way that discrimination is understood today.
John Lewis speaking in front of the Supreme Court.
original

Litigating the Line Between Past and Present

The Supreme Court is about to take up another blockbuster voting rights case. At its core is a struggle over the limits of history.
Ruth Bader Ginsburg sitting on a chair in a room with a fireplace

How Ruth Bader Ginsburg Has Moved the Supreme Court

Despite her path-braking work as a litigator before the Court, she doesn't believe that large-scale social change should come from the courts.