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How Machines Came to Speak (and How to Shut Them Up)

On the intertwined history of free speech law and media technology.
Ruth Bader Ginsburg and Clarence Thomas talking

How Chicago School Economists Reshaped American Justice

The 50th anniversary of a groundbreaking work.

Constrain the Court—Without Crippling It

Critics of the Supreme Court think it has lost its claim to legitimacy. But proposals for reforming it must strike a balance with preserving its independence.
Above view of residential areas in Richmond, Virginia.

How the Former Confederate Capital Slashed Black Voting Power, Overnight

Did Richmond violate the Voting Rights Act by adding thousands of White residents? The historic Supreme Court case foreshadowed today’s gerrymandering fights.
Richard Nixon pointing to a map of Cambodia.

The Unhappy Legal History of the War Powers Resolution

How the law became a staging ground for unrestrained war.
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.
Linda Brown Smith, Ethel Louise Belton Brown, Harry Briggs, Jr., and Spottswood Bolling, Jr., 1964

Brown v. Board of Education: Annotated

The 1954 Supreme Court decision, based on the Fourteenth Amendment to the US Constitution, declared that “separate but equal” has no place in education.
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.
Collage of Supreme Court and 14th amendment-related images.

Reversing the Legacy of Slaughter-House

A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago.
Wong Kim Ark in a photograph from a federal immigration investigation case conducted under the Chinese Exclusion Acts.
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Everyone Born in the United States is a U.S. Citizen. Here’s Why.

From birthright freedom to birthright citizenship.
Wong Kim Ark's departure statement overlayed with his portrait.

How the Fight for Birthright Citizenship Shaped the History of Asian American Families

Even after Wong Kim Ark successfully took his case to the Supreme Court 125 years ago, Asian Americans struggled to receive recognition as U.S. citizens.
A painting of the American Founders at the Constitutional Convention.

Inventing American Constitutionalism

On "Power and Liberty," a condensed version of Gordon Wood's entire sweep of scholarship about constitutionalism.
Black and white image of Charles Hamilton Houston, standing at a desk alongside other attorneys, circa 1940.

Students for Fair Admissions v. Harvard and the History Behind Colorblind Admissions

Colorblindness has a long history in college admissions, the Black intellectual tradition, and today’s assault on affirmative action and race-conscious policies.
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.
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?
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.
Photo of the Supreme Court Building

The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens.
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.
Black and white side profile of Felix Frankfurter reading.

The Justice Who Wanted the Supreme Court to Get Out of the Way

Felix Frankfurter warned that politicians, not the courts, should make policy.
A protest sign raised in front of the Supreme Court, reading, "Keep abortion safe, legal, & accessible!"

The History of Abortion Law in the United States

The right to abortion has been both supported and contested throughout history.  When banned, abortions still occur, but legal restrictions make them less safe.
US Airforce nurses treating patients.

The Better Roe: The Case of Struck v. Secretary of Defense

When Susan Struck fought being discharged for pregnancy from the US Air Force, it brought the right to choose into a different light.
The cover of the book "This Earthly Frame," depicting clouds swirling around the US Capitol dome.

The Struggle to Make the United States Secular

How progressives came to think that any recognition of Christianity by a public institution violates others’ rights.
Texas Gov. Greg Abbott (R) listens to former president Donald Trump as they speak during a tour of the U.S.-Mexico border wall on June 30, 2021, in Pharr, Tex. (Jabin Botsford/The Washington Post)
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The New Threat to Good Schooling for Minority Americans

The right might be targeting a seminal Supreme Court case that protects educational fairness.
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.
Pro choice protestor with "My Mind My Body My Choice" poster

The Supreme Court Decision That Defined Abortion Rights for Thirty Years

The centrist, compromising view of reproductive rights in Planned Parenthood v. Casey helped clear the path to overturn Roe v. Wade.
Artwork of the Supreme Court but with chess pieces used as columns..

The Supreme Court Is Not Supposed to Have This Much Power

And Congress should claw it back.
Illustration of catcher Buck Ewing of the New York Giants

Baseball's Reserve Clause and the "Antitrust Exemption"

The controversy between players and owners frequently brought baseball into the federal courts between the late nineteenth and late twentieth centuries.
Photograph of abortion pro-choice activists demonstrating outside the Supreme Court.
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Originalists are Misreading the Constitution’s Silence on Abortion

The originalist case for lifting abortion restrictions.

“Deeply Rooted in this Nation’s History and Tradition"

The bad history in Alito’s draft overturning Roe v. Wade.
Statue of Jefferson in front of white columns of building facade

The Decline of Church-State Separation

The author of new book explains the fraught and turbulent relationship between religion and government in the U.S.

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