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Map of the Cherokee Country in 1900

How the Supreme Court Failed to Stop the Brutal Relocation of Indigenous American Nations

On the legal challenges to racist presidential policy that led to the Trail of Tears.
by Joel Richard Paul via Literary Hub on October 25, 2022
Supreme Court and college admissions illustration.

The Anti-Antiracist Court

How the Supreme Court has weaponized the Fourteenth Amendment and Brown v. Board of Education against antiracism.
by Jonathan Feingold via The Forum on October 24, 2022
Photograph of Felix Frankfurter opening a briefcase.

A Prisoner of His Own Restraint

Felix Frankfurter was renowned as a liberal lawyer and advocate. Why did he turn out to be such a conservative Supreme Court justice?
by Jed S. Rakoff via New York Review of Books on October 13, 2022
Graphic design of a red, fractured United States on a yellow background

There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory

Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution.
by J. Michael Luttig via The Atlantic on October 3, 2022
Photo of E.P.A Headquarters, shot through a bush

How Government Ends

Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.
by Lisa Heinzerling via Boston Review on September 28, 2022
Black and white photo of African American girl attending a white segregated school

A Powerful, Forgotten Dissent

Among the thousands of cases the Supreme Court has decided, only a handful of dissenting opinions stand out.
by Linda Greenhouse via New York Review of Books on September 15, 2022
The Supreme Court behind trees

When the Supreme Court Makes a Mistake

The history of the Supreme Court is replete with outrages and abominations, but they can be tough to overcome.
by Peter S. Canellos via Politico Magazine on June 29, 2022
Cartoon of the Supreme Court with its columns tangled.

The Problem of the Supreme Court

It’s time to admit that the nation’s highest court has been a source of harm more often than it’s been a force for justice.
by Louis Michael Seidman via The Nation on June 20, 2022
Gun rights advocates holding Second Amendment rally at which police officer Dick Heller spoke, at the State Capitol in Frankfort, Kentucky, January 31, 2020.

The Remaking of the Second Amendment

The Supreme Court’s expanding interpretation of the Second Amendment threatens longstanding democratic authority to enact gun safety measures.
by Reva B. Siegel, Duncan Hosie via New York Review of Books on June 10, 2022
Lithograph of Sir Matthew Hale

On Roe, Alito Cites a Judge Who Treated Women as Witches and Property

Sir Matthew Hale, a 17th-century jurist, has been endlessly quoted by American judges and lawyers, with awful repercussions for women.
by Jill Elaine Hasday via Washington Post on May 9, 2022
Justice William O. Douglas. Photography from Bachrach / Getty

Scooping the Supreme Court

The first Roe v. Wade leaks happened fifty years ago.
by Jane Mayer via The New Yorker on May 6, 2022
Black and white people sitting at a lunch counter.

When Rights Went Right

Is the American conception of constitutional rights too absolute?
by David Cole via New York Review of Books on March 31, 2022
The Fuller Court

Whose Side Is the Supreme Court On?

The Supreme Court and the pursuit of racial equality.
by Randall Kennedy via The Nation on August 9, 2021

Making the Supreme Court Safe for Democracy

Beyond packing schemes, we need to diminish the high court’s power.
by Samuel Moyn, Ryan D. Doerfler via The New Republic on October 13, 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
Photograph of people lining up to hear arguments in Brown v. Board of Education.

The Case for Ending the Supreme Court as We Know It

The Supreme Court, the federal branch with the least public accountability, has historically sided with tradition over more expansive human rights visions.
by Keeanga-Yamahtta Taylor via The New Yorker on September 25, 2020

The Great Liberal Reckoning Has Begun

The death of Justice Ruth Bader Ginsburg concludes an era of faith in courts as partners in the fight for progress and equality.
by Alan Z. Rozenshtein via The Atlantic on September 22, 2020

How the Republican Party Took Over the Supreme Court

The 50-year effort to advance a conservative legal agenda.
by John Fabian Witt via The New Republic on April 7, 2020

The Fourth Battle for the Constitution

The latest struggle to define America's founding charter will define the country for generations to come.
by Jeffrey Rosen via The Atlantic on September 25, 2019

The Contradictions of Oliver Wendell Holmes Jr.

The Supreme Court justice may have been heralded by many of his progressive peers, but the legacy he left behind is far more ambiguous.
by Brenda Wineapple via The Nation on August 13, 2019
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
John Dalrymple

The Radical Roots of Free Speech

Conservatives like to claim that leftists are opponents of free speech. But that’s nonsense.
by Chase Burghgrave, Laura Weinrib via Jacobin on July 25, 2019
Andrew Jackson

Trump Wasn’t the First President to Confront the Supreme Court – and Back Down

The story of President Andrew Jackson and Worcester v. Georgia, decided in 1832.
by Bethany Berger via The Conversation on July 17, 2019
Supreme Court building under dark rainclouds.

The Supreme Court Is in Danger of Again Becoming ‘the Grave of Liberty’

Supreme Court decisions have practical consequences, which justices too often blithely ignore.
by Eric Foner via The Nation on July 1, 2019
Political cartoon of Columbia giving the Civil Rights bill to a Black man.

What Are These Civil Rights Laws?

The context and aftermath of the Supreme Court’s decision to kill the Civil Rights Act of 1875.
by Daniel Brook via Lapham’s Quarterly on June 27, 2019
Sandra Day O'Connor

How the Supreme Court Justice Sandra Day O’Connor Helped Preserve Abortion Rights

When Ronald Reagan nominated Sandra Day O’Connor to be the first woman on the Supreme Court, her views on abortion became a source of intense speculation.
by Evan Thomas via The New Yorker on March 27, 2019
Supreme Court Chief Justice John Marshall; painting by Henry Inman, 1832.

Hail to the Chief

“John Marshall...exhibited a subservience to the executive branch that continues to haunt us.”
by Jed S. Rakoff via New York Review of Books on November 22, 2018
Justice Oliver Wendell Holmes.

Progressives and the Court

A response to Samuel Moyn’s “Resisting the Juristocracy.”
by Andy Seal via U.S. Intellectual History Blog on October 8, 2018

No Law Without Politics (No Politics Without Law)

The way to address politicization in the courts is not de-politicization but counter-politicization.
by Jedediah Britton-Purdy via LPE Project on October 2, 2018

On the Supreme Court, Difficult Nominations Have Led to Historical Injustices

When it comes to partisan Supreme Court nominations, history repeats itself.
by Calvin Schermerhorn via The Conversation on September 28, 2018
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