Filter by:

Filter by published date

Viewing 61–90 of 92 results. Go to first page

Will Democrats Regret Weaponizing the Judiciary?

Using the court system to stymie a president has backfired before.

The Supreme Court Is Headed Back to the 19th Century

The justices again appear poised to pursue a purely theoretical liberty at the expense of the lives of people of color.
Demonstrators protesting Trump's immigration policy toward Muslims outside the Supreme Court.
partner

How To Resist Bad Supreme Court Rulings

What Dred Scott teaches us about thwarting bad law.

Court-Packing is the Democrats’ Nuclear Option for the Supreme Court

Why an FDR plan from the 1930s is suddenly popular again.

The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.

The Supreme Court’s Quiet Assault on Civil Rights

The Supreme Court is quietly gutting one of the United States’ most important civil rights statutes.
Massachusetts State House
partner

Don’t Count on the Supreme Court to Stop Trump’s Travel Ban

Chinese exclusion in the 19th century exposes the limits of the justices' power.
An American flag flying in front of a large Christian cross.

The Religious-Liberty Attack on Transgender Rights

Conservative Christians are out to restore their historical legal privileges.

Ruth Bader Ginsburg and Footnote Four

Justice Ruth Bader Ginsburg's solo dissent from an affirmative action case was inspired by a footnote.
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.

Don’t Despair About the Supreme Court

In 2005, Howard Zinn explained why it was naive to depend on the Court to defend the rights of marginalized Americans.
Civil rights lawyers including Thurgood Marshall and Constance Baker Motley.

Trump's Attack on Lawyers and Law Firms Takes a Page Out of the Southern 1950s Playbook

American authoritarians fear the uniquely American power of litigation.
Donald Trump with a crown on his head.

Donald Trump Is Trying to Take American Law Back to 1641

Understand that if Trump succeeds the result will not be the harmless resurrection of a quaint jurisprudential artifact.

Presidents May Not Unilaterally Dismantle Government Agencies

That’s not how separation of powers works under the U.S. Constitution.
Collage of the American flag and the preamble to the Constitution.

The Historical Challenge to Originalism

Jonathan Gienapp's attack on originalism deserves a serious response.
Supreme Court justices William O. Douglas, Felix Frankfurter, and Owen J. Roberts at the White House.

FDR’s Compliant Justices

The Supreme Court’s deference to FDR during World War II resulted in unjustifiable ethical breaches.
Chief Justice Earl Warren (left), President Richard Nixon (center), and Chief Justice Warren E. Burger (right).

I Argued ‘U.S. v. Nixon.’ The Supreme Court’s New Ruling on Presidential Immunity Appalled Me.

Fifty years after ruling against a corrupt president, the Court has now decided that presidents are above the law.
Florida Governer Ron DeSantis at a press conference

Ron DeSantis Just Invited the Wrath of the Satanic Temple

Florida’s new school chaplain law invites a constitutional crisis as DeSantis bars some religions, defying First Amendment protections on religious liberty.
Old City Hall, Wall St., New York City.

Originalism and the Nature of Rights

When we try to recover the “original meaning” of constitutional amendments, we begin with deeply engrained premises about the nature of what we're looking for.
Samuel Chase.

An Intemperate Man: The Impeachment of Justice Samuel Chase

The presence of Federalist judges frustrated Thomas Jefferson and his Democratic-Republican Party, bring justice Samuel Chase under fire.
Ethel and Julius Rosenberg leaving the courthouse in a prison van, 1951.

Not How He Wanted to Be Remembered

Two decades passed before the ghosts of the Rosenbergs came back to haunt Irving Kaufman, the judge who sentenced them to death.
Alexander Hamilton stands guard over the U.S. Treasury building in Washington.

The Constitutional Case for Disarming the Debt Ceiling

The Framers would have never tolerated debt-limit brinkmanship. It’s time to put this terrible idea on trial.
Image of Anita Hill.

Anita Hill Saw History Repeat Itself at Ketanji Brown Jackson’s Supreme Court Hearings

The key witness in Clarence Thomas’s nomination process discusses how sex and race shaped the new Justice’s experience, and her own.
Drawing of two men on horse overlaid with writing regarding prejudice and civil rights

The 14th Amendment Was Meant to Be a Protection Against State Violence

The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
A sign that reads "We Want White Tenants in Our White Community." Two American flags are on top of the sign.

Highway Robbery

How Detroit cops and courts steer segregation and drive incarceration.
Sandra Day O'Connor and Ruther Bader Ginsburg speaking at the Congrsssional Women's Caucus.

The First and Last of Her Kind

The legal academy has grown dismissive of Justice O’Connor, but the Supreme Court is not a law school faculty workshop. She saw herself as a problem-solver.

The 40-Year War

William Barr’s long struggle against congressional oversight.
Jackson statue in New Orleans.
partner

What Happens When Racism and Executive Overreach Intersect in the Oval Office

It happened during Andrew Jackson’s administration, with fatal consequences.

When King was Dangerous

He's remembered as a person of conscience who carefully broke unjust laws. But his challenges to state authority place him in a much different tradition: radical labor activism.
Painting of the signing of the Constitution.

The Original Theory of Constitutionalism

The debate between "originalism" and the "living constitution" rages on. What does history say?

Filter Results:

Suggested Filters:

Idea

Person