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Supreme Court justice Clarence Thomas and typed footnote

Clarence Thomas Went After My Work. His Criticisms Reveal a Disturbing Fact About Originalism.

If judges are going to use history as their guide, they should probably try to get the history right.
by Gregory Ablavsky via Slate on June 20, 2023
Torn photos of Clarence Thomas and Sandra Day O'Connor, split by the Grutter decision.

What Justice John Paul Stevens’ Papers Reveal About Affirmative Action

Twenty years ago, Sandra Day O'Connor's deleted draft opinion rejected favoring white applicants over Asian Americans. Why did Clarence Thomas adopt it?
by Jeannie Suk Gersen via The New Yorker on June 20, 2023
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.
by Michael Liss via 3 Quarks Daily on June 19, 2023
Scale, with pile of U.S. states weighing down one end, and the U.S. on the other.

How a Fringe Legal Theory Became a Threat to Democracy

Lawyers tried to use the independent-state-legislature theory to sway the outcomes of the 2000 and 2020 elections. What if it were to become the law of the land?
by Andrew Marantz via The New Yorker on June 5, 2023
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.
by Dahlia Lithwick, Richard L. Hasen via Slate on June 1, 2023
Supreme Court justices with their heads in boxes made from the Constitution.

Originalism Is Bunk. Liberal Lawyers Shouldn’t Fall For It.

The more liberals present originalist arguments, the more they legitimate originalism.
by Ruth Marcus via Washington Post on December 1, 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
Evangelical lobbyist Peggy Nienaber (R) claims she prayed with Supreme Court justices as her organization was writing amicus briefs on cases like Dobbs.

Can SCOTUS Majority Learn the Lessons of Early America Before it's Too Late?

Breaking down the myths of originalism and America's founding.
by J. L. Tomlin, Thomas Lecaque via Religion Dispatches on July 18, 2022

Break the History Addiction

July 4 and the perils of celebrating America’s past.
by David Armitage via New York Daily News on July 3, 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
Salmon P. Chase

The Most Important 19th Century American You've Never Heard Of

A new book chronicles the life of the 19th century political giant of Salmon Chase.
by Carl Paulus via Washington Examiner on May 13, 2022
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.
by Anita Hill, Jane Mayer, David Remnick via The New Yorker on April 8, 2022
Ketanji Brown Jackson speaking at a podium with Biden standing behind her.
partner

Why Supreme Court Confirmations Have Become So Bitter

The defeat of Robert Bork’s nomination to the Supreme Court in 1987 changed the way justices are confirmed today.
via Retro Report on March 17, 2022
Chuck Grassley looking at his phone during confirmation hearing

A Brief Guide to Supreme Court Confirmation Hearings, the Silliest Ritual In Washington

Supreme Court confirmation hearings feature senators talking a lot, and nominees nodding politely until they can leave.
by Jay Willis via Balls And Strikes on March 15, 2022
Protesters in front of the Supreme Court, one with a "Keep Abortion Legal" sign and the other dressed in a Handmaid's Tale costume.

The Unknown Supreme Court Clerk Who Single-Handedly Created the Roe v. Wade Viability Standard

All roads lead to Larry Hammond, Justice Lewis Powell’s law clerk at the time.
by James D. Robenalt via Retropolis on November 29, 2021
Illustration of Clarence Thomas in front of factory

The Radicalization of Clarence Thomas

His time working for Monsanto and other polluting industries helped make him the fierce conservative he is today.
by Scott Wasserman Stern via The New Republic on August 13, 2021
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
U.S. Supreme Court justices.
partner

A Major Supreme Court First Amendment Decision Could be at Risk

Without New York Times vs. Sullivan, freedom of speech and the press could be drastically truncated.
by Samantha Barbas via Made By History on July 13, 2021
A portrait of Dred Scott.

The Importance of Teaching Dred Scott

By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.
by Jeannie Suk Gersen via The New Yorker on June 8, 2021
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
by Harry Litman via The Atlantic on May 25, 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
A row of Supreme Court justices.

Amid National Crises, Lincoln and His Republicans Remade the Supreme Court to Fit Their Agenda

Political contests over the ideological slant of the Court are nothing new.
by Calvin Schermerhorn via The Conversation on October 12, 2020
The Supreme Court building in Washington, D. C.

Why History Shows 'Court Packing' Isn't Extreme

Court packing obscures more than it reveals about the current debate over the size of the Supreme Court.
by Nicole Hemmer via CNN on October 12, 2020
Profile sketch of a court justice, 18th century (National Parks Service)

A Brief History of Circuit Riding

The study of circuit riding helps to highlight the importance of the lower federal courts in American legal history.
by Jake Kobrick via Federal Judicial Center on October 8, 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

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 Abraham Lincoln Fought the Supreme Court

As Lincoln recognized, it's not enough to question the decisions, justices, or even the structure of the Court. We need to challenge the foundation of its power.
by Matthew Karp via Jacobin on September 19, 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
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.
by Linda Greenhouse via New York Review of Books on October 17, 2019
Clarence Thomas.

The Conservative Black Nationalism of Clarence Thomas

A new book discusses the black nationalism at the heart of Thomas’s conservative jurisprudence.
by Corey Robin, Joshua Cohen via Boston Review on September 23, 2019
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