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Carrie Baker and her book Abortion Pills: US History and Politics.

The Forgotten—and Incredibly Important—History of the Abortion Pill

Mifepristone took longer to get approved than most drugs—but not because it was unsafe.
by Nina Martin via Mother Jones on February 7, 2025
A collage of the United States Constitution, seal, and a hand holding two small American flags.

The Attack on Birthright Citizenship Is a Big Test for the Constitution

Does the text mean what it plainly says?
by Adam Serwer via The Atlantic on January 22, 2025
Antonin Scalia with Ronald Reagan, William Rehnquist, and Warren Burger at a press conference announcing Scalia's nomination to the Supreme Court.

The Return of the Common Law?

The originalist revolution will never be complete until we fully appreciate the natural law roots of the common law.
by Steven Hayward via Law & Liberty on September 9, 2024
Collage of civil rights lawyers and school segregation headlines.

In Search of the Broad Highway

Revisiting Meredith v. Fair, we get the inside story of how critical race theory was developed in the years after Brown v. Board of Education.
by Dave Tell via The Hedgehog Review on July 26, 2024
President Bill Clinton with then-Sen. Biden on Sept. 13, 1994, during a signing ceremony for the crime bill on the South Lawn of the White House.

The Biggest Myth About the 1994 Crime Bill Still Haunts Joe Biden. It Shouldn’t.

The law is routinely blamed for a very real problem it had nothing to do with.
by John Pfaff via Slate on June 20, 2024
Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
by Duncan Hosie via New York Review of Books on June 18, 2024
Woman holding up a pocket-sized copy of the U.S. Constitution.

Conservatives Don’t Have a Monopoly on Originalism

The text and historical context of the Constitution provide liberals with ample opportunities to advance their own vision of America.
by Simon Lazarus via The New Republic on March 29, 2024
Fleet of Spirit Airways planes on airport tarmac

The Spirit Airlines Paradox

Without smart regulation, price competition turns into a race to the bottom.
by Phillip Longman via The Atlantic on January 19, 2024

At Supreme Court, Corporations Misuse History in Cases on Agency Power

A pair of lawsuits claim that courts were a strong check against federal agency power in early America, but history shows otherwise.
by Gautham Rao, Thomas Wolf via Brennan Center For Justice on January 16, 2024
A diagram of the parts of a flintlock pistol.

Bad Facts, Bad Law

In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.
by Duncan Hosie via New York Review of Books on November 25, 2023
Supreme Court Justice Clarence Thomas.

Conservatives’ Favorite Legal Doctrine Crashes Into Reality

Originalism is all the rage on the right, but a gun case at the Supreme Court is exposing its absurdity—even to the conservative justices.
by Matt Ford via The New Republic on November 9, 2023
Mountain with both living and dead trees.
partner

Did Montana Violate Its Residents’ Right To a Clean Environment?

A new lawsuit builds on 50 years of history in environmental activism.
by Scott Wasserman Stern via Made By History on June 12, 2023
U.S. Supreme Court building, left, and Kurt Vonnegut, right.

The Largely Forgotten Book Ban Case That Went Up to the Supreme Court

Library book bans are fueling national fights and a new Florida lawsuit. But only one case has come before the Supreme Court: Island Trees v. Pico.
by Anthony Aycock via Retropolis on May 20, 2023
Revolutionary War reenactors shooting muskets.

“Originalist” Arguments Against Gun Control Get U.S. History Completely Wrong

Gun control is actually an American tradition.
by Mary C. Curtis, Robert J. Spitzer via Slate on May 3, 2023
Anthony Comstock.

One of the 19th Century’s Greatest Villains is the Anti-Abortion Movement’s New Hero

Anthony Comstock, the 19th-century scourge of art and sex, is suddenly relevant again thanks to Donald Trump’s worst judge.
by Ian Millhiser via Vox on April 12, 2023
15 women involved in the Montgomery Bus Boycott; Rosa Parks's mugshot is the center.

The Women Behind the Montgomery Bus Boycott

We've heard about Rosa Parks and her crucial role, but Parks was just one of many women involved.
by Karen Grigsby Bates via NPR on March 22, 2023
Image of Martin Luther King Jr. within a jail cell.

What Makes Laws Unjust

King could not accomplish what philosophers and theologians also failed to—distinguishing moral from immoral law in a polarized society.
by Randall Kennedy via Boston Review on April 11, 2022
Protest for trans rights
partner

The New Wave of Anti-Trans Legislation is Based on Very Old Arguments and Ideas

Trans Americans have taken to the courts for decades to fight against the notion that they are a threat.
by Shay Ryan Olmstead via Made By History on June 14, 2021
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.
by Sarah R. Coleman via Made By History on June 1, 2021
Illustration of the Reconstruction era, with black men waving flags and listening to a speech in front of a governmet building while a white mob comes to attack them with clubs

America’s Political Roots Are in Eutaw, Alabama

When I think about the 1870 riot, I remember how the country rejected the opportunity it had.
by Adam Harris via The Atlantic on February 26, 2021
"We the People"; US Constitution

It Would Be Great if the United States Were Actually a Democracy

The pervasive mythmaking about the supposed wisdom of the founders has covered up a central truth: the US Constitution is an antidemocratic mess.
by Aziz Rana, Chris Maisano via Jacobin on February 16, 2021
Census taker's bag from 1980

Immigration Hard-Liner Files Reveal 40-Year Bid Behind Trump's Census Obsession

The Trump administration tried and failed to accomplish a count of unauthorized immigrants to reshape Congress, the Electoral College and public policy.
by Hansi Lo Wang via NPR on February 15, 2021
Donald Trump speaks with reporters on Thanksgiving, November 26th, 2020.

“Almost the Complete Opposite of Fascism”

A conversation with Corey Robin on the surprisingly weak presidency of Donald Trump.
by Corey Robin, David Klion via Jewish Currents on December 4, 2020

The Supreme Court Used To Be Openly Political. It Traded Partisanship For Power.

The idea that justices exist outside of politics is a relatively new concept.
by Rachel Shelden via Washington Post on September 25, 2020
Supreme Court building under dark rainclouds.

Critics of the Administrative State Have a History Problem

If they return governance to its 19th century roots, they will also do away with courts' ability to review agency action.
by Sophia Z. Lee via LPE Project on August 1, 2019

The Credo Company

A shocking story about the biggest company in the US's most profitable industry.
by Steven Brill via Highline on August 1, 2019

The New Fugitive Slave Laws

In criminalizing the provision of humanitarian assistance to migrants, we have resurrected the unjust laws of antebellum America.
by Manisha Sinha via New York Review of Books on July 17, 2019
A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.
by David Montgomery via Washington Post Magazine on January 2, 2019
Inside the courtroom during the Ziang Sun Wan trial.

The 1919 Murder Case That Gave Americans the Right to Remain Silent

Decades before the Miranda decision, a Washington triple-homicide paced the way to protect criminal suspects.
by Scott D. Seligman via Zócalo Public Square on April 30, 2018
Line graph showing a rise in Louisiana's prison incarceration rate since 1978.

Louisiana’s Turn to Mass Incarceration: The Building of a Carceral State

How Louisiana built a carceral state during the War on Crime.
by Lydia Pelot-Hobbs via American Association Of Geographers on February 1, 2018
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