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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
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

Clarence Thomas Used My Book to Argue Against Abortion

The justice used my book to tie abortion to eugenics. But his rendition of the history is incorrect.
by Adam S. Cohen via The Atlantic on May 29, 2019

The Supreme Court’s Worst Decision of My Tenure

DC v. Heller recognized an individual right to possess a firearm under the Constitution. Here’s why the case was wrongly decided.
by John Paul Stevens via The Atlantic on May 14, 2019

168 Days: Recalling an Old-Fashioned Court Packing Drama

After months of political maneuvering, intrigue, backroom bargaining, and furious oratory, the fate of FDR's plan was clear.
by Robert W. Merry via The American Conservative on March 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
A modern adaption of Howard Chandler Christy’s 1940 painting, “Scene at the Signing of the Constitution of the United States,” with contemporary players on both sides of the judicial contest.

How The Federalist Society is Helping Conservatives Win The Judicial War

It isn’t just about Supreme Court picks. The group’s impact on the law goes much deeper.
by David Montgomery via Washington Post Magazine on January 2, 2019
Supreme Court building.
partner

The Supreme Court Confirmation Process is Actually Less Political Than it Once Was

Our fights over nominees might be bitter, but they’re still less contentious than the 19th century.
by Timothy S. Huebner via Made By History on December 12, 2018
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

Evangelicals Bring the Votes, Catholics Bring the Brains

To understand Catholic overrepresentation on the U.S. Supreme Court, we must look to the history of American Catholic education.
by Gene Zubovich via Aeon on October 9, 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

How Conservatives Won the Battle Over the Courts 

The right has demonstrated that winning this kind of institutional fight takes years and requires a ruthless disposition.
by Julian E. Zelizer via The Atlantic on July 7, 2018

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

Why an FDR plan from the 1930s is suddenly popular again.
by Dylan Matthews via Vox on July 2, 2018

How Supreme Court Nominations Lost Their Apolitical Pretense

It used to be that nobody would admit to opposing a nominee for ideological reasons. Should we be happy that illusion is over?
by David Greenberg via Politico Magazine on June 30, 2018

The History Test

How should the courts use history?
by Jill Lepore via The New Yorker on March 27, 2017

The History of 'Stolen' Supreme Court Seats

As the new administration seeks to fill a vacancy on the Court, a look back at the forgotten mid-19th century battles over the judiciary.
by Erick Trickey via Smithsonian on March 20, 2017
Justice Oliver Wendell Holmes.

Going Negative

Judicial dissent in the Supreme Court has a long history.
by Thomas Healy via Boston Review on November 12, 2015

Executing 'Idiots'

Would the Founders have protected people we execute now?
by Michael Clemente via The Marshall Project on July 27, 2015

In Defense of Court-Packing

When the Supreme Court willfully misreads the Constitution, FDR’s plan doesn’t seem so bad.
by Ian Millhiser via Slate on February 23, 2015

The Awakening of Thurgood Marshall

The case he didn’t expect to lose. And why it mattered that he did.
by Gilbert King via The Marshall Project on November 20, 2014

Supreme Court Cronyism

With the nomination of Harriet Miers to the Supreme Court, George W. Bush restarts a long and troubled tradition.
by David Greenberg via Slate on October 5, 2005

The Unacknowledged Lesson: Earl Warren and the Japanese Relocation Controversy

Though best known for his dedication to civil rights as Chief Justice, Earl Warren was a key figure behind Japanese internment in California - and stood by it.
by G. Edward White via VQR on October 15, 1979
Newborn babies sleeping in a maternity ward.

The Coming Assault on Birthright Citizenship

The Constitution is absolutely clear on this point, but will that matter?
by Amanda Frost via The Atlantic on January 7, 2025
Red elephant and blue donkey on the scales of justice.

The Origin of Campaign Finance Reform Troubles

While the Citizens United case created major shifts in campaign contributions and spending, an earlier decision played a bigger role in campaign finance laws.
by Ryan Reft via The Saturday Evening Post on October 17, 2024
Chief Justice John Roberts at the State of the Union on March 7.

The Supreme Court Turns the President Into a King

The conservative justices have ignored history altogether and created a shocking new precedent: The president is above the law.
by Holly Brewer via The New Republic on July 1, 2024
Stanford Law School.

Why the Right’s Mythical Version of the Past Dominates When It Comes to Legal “History”

They’re invested in legal education, creating an originalist industrial complex with outsize influence.
by Saul Cornell via Slate on May 14, 2024
Harry S. Truman, Dwight D. Eisenhower, and Lyndon B. Johnson.

The Border Presidents and Civil Rights

Three US presidents from the South’s borders—Truman, Eisenhower, and Johnson—worked against Southern politicians to support civil and voting rights.
by David Goldfield, Matthew Wills via JSTOR Daily on March 31, 2024
A diagram of the parts of a flintlock pistol.

Bad Facts, Bad Law

In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.
by Duncan Hosie via New York Review of Books on November 25, 2023
The Tri-City ValleyCats played in the Baseball Hall of Fame’s showcase game during induction weekend in 2004.

The Supreme Court May Overturn the Error That Made Major League Baseball Rich

A pair of minor league clubs are asking the court to reverse the league’s lucrative 101-year-old antitrust exemption.
by Matt Ford via The New Republic on September 21, 2023
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