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Boxing great Joe Louis stands in a gymnasium boxing ring as if ready for a match.

How Racist Car Dealers KO’d Joe Louis

A never-before-published tranche of letters reveals the white-collar racism that prevented the world’s most popular athlete from selling Fords.
Spiro Agnew and Richard Nixon.
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There Is a Precedent for Trump’s Indictment: Spiro Agnew

Spiro Agnew was the progenitor of Trump’s politics. He also resigned from office and accepted a plea deal to avoid jail time.
Justin Jones, Justin Pearson, and Gloria Johnson locking hands.

Tennessee

The state GOP's expulsion of legislators Justin Pearson and Justin Jones echoes Georgia's refusal to seat congressman Julian Bond in 1965 for opposing the Vietnam War.
Beatrice Cogan, center, representing a criminal defendant in court.

The Grassroots of 'Roe'

My mother’s part in the 1970 repeal of New York’s abortion law is a lesson for today’s activists: all politics is local.
The Supreme Court in 1904.

The Insular Cases Survive Because the American Legal System Keeps Them Safe

The justices’ decision not to hear challenges to the explicitly racist Insular Cases is part of a long tradition of favoring process over substance.
A photo of documents seized during the Aug. 8 FBI search of former president Donald Trump’s Mar-a-Lago estate.
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Harry Truman Illuminates Why Trump Having Classified Documents Is Illegal

Presidents used to own their personal papers — but there were real security reasons for changing that.
Painting of a person facing another person whose head is made up of sixteen little heads. Untitled (Study) by Geoff McFetridge.

Originalism’s Charade

Two new books make a devastating case against claims that the Constitution should be interpreted on the basis of its purported “original meaning.”
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.
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.
illustration of a hand with a shredded ballot

John Roberts’s Long Game

Is this the end of the Voting Rights Act?
Photograph of people admiring the statue dedicated to Bett Freeman.

Statue Honors Once-Enslaved Woman Who Won Freedom in Court

Bett Freeman's story and the legal precedent her case established are now forever remembered in Sheffield, Massachusetts.
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.
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.
Rioter holds Confederate flag outside the Senate chamber after breaching the US Capitol on January 6, 2001.
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The Secessionist Roots of the Jan. 6 Insurrection

Southern secessionists in 1860 had similar arguments to those of the rioters who stormed the Capitol.
6 African American's at an Emancipation Day celebration on June 19, 1900

The History of How Emancipated People Were Kept Unfree Needs To Be Remembered Too

Emancipation Days symbolized America’s attempt to free the enslaved across the nation. But those days were unable to prevent new forms of economic slavery.
James Madison
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What Would Madison Think of Originalism? Depends When You Asked Him.

The concern of this article is with the unraveling of precedent based upon a judicial philosophy known as originalism.
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.
U.S. Supreme Court building, Washington, D.C.

"A Man of His Time": From Patrick Henry to Samuel Alito in U.S. History

The struggle for progress is always two steps forward and at least one step back.
Linda Coffee working on the Roe v. Wade case

I Argued Roe v. Wade. It Would Be a Tragedy to Overturn It.

To take away the right to privacy is to take a giant step backward in American history.
Image of typewriter overlaid onto news articles about fascism

A Century Ago, American Reporters Foresaw the Rise of Authoritarianism in Europe

A new book tells the stories of four interwar writers who laid the groundwork for modern journalism.
Portrait of George Washington on a horse.

Declaring War

Congress hasn't declared it often. The U.S. has fought a lot of war anyway. How?
Picture of Haitian migrants crossing the Rio Grande river.
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Enslaved Black Americans Crossed Borders to Find Freedom. Today’s Asylum Seekers Want the Same.

Restriction and deportation exist in opposition to the political traditions of the African American freedom struggle.
Brett Kavanaugh
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What Justice Kavanaugh Gets Wrong About Abortion and Neutrality

Calls for the court to remain neutral have long been tools for denying Americans rights.
Illustration of the funeral procession of the late Captain Cailloux, 1863.

The Case for Posthumously Awarding André Cailloux the Congressional Medal of Honor

Cailloux’s valor, and the Black troops he led in battle, electrified northern opinion and gave federal race policy a strong jolt.
The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.
Geometric design of influenza epidemic

The 1918 Influenza Won't Help Us Navigate This Pandemic

We have no historical precedent for this moment.
The Fuller Court

Whose Side Is the Supreme Court On?

The Supreme Court and the pursuit of racial equality.
Truman in car with dollar signs on eyes.

The Truman Show

How the 33rd president finagled his way to a post–White House fortune — and created a damaging precedent.
Black students from West Charlotte High School leave the school bus
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How White Americans’ Refusal to Accept Busing Has Kept Schools Segregated

The Supreme Court has refused to force White Americans to confront history.
President Abraham Lincoln, bareheaded at center, giving the Gettysburg Address, Pennsylvania, 1863

The Party of Lincoln Ignores His Warning Against Mobocracy

“There is no grievance that is a fit object of redress by mob law,” declared the man who would be America’s sixteenth president.

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