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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.
by Laurence H. Tribe via New York Review of Books on July 27, 2023
Black and white scale of justice.

The Blindness of ‘Color-Blindness’

When the Supreme Court heard oral arguments on the future of affirmative action, I knew I had to be there.
by Drew Gilpin Faust via The Atlantic on December 2, 2022
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.
by Linda Greenhouse via New York Review of Books on September 15, 2022
Colorful illustration of gladiator-like figure with sword surrounded by various phrases and people, all relating to the Southern Baptist Convention

The Southern Baptist Convention’s Deal With the Devil

Fifty years ago, zealots preaching misogyny and homophobia—led by an accused sexual predator—took over America’s largest Protestant denomination.
by Sarah Posner via The Nation on September 12, 2022
Headstones in Mount Auburn cemetery. Photograph by Daderot at en.wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18003519.
original

A Tour of Mount Auburn Cemetery

Two centuries of New England intellectual history through the lives and ideas of people who are memorialized there.
by Kathryn Ostrofsky on September 7, 2022
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.
by Jessica Winter via The New Yorker on June 25, 2022
Lithograph depicting Margert Garner standing over the body of her dead daughter, to the shock of slave catchers.
partner

Discarding Legal Precedent to Control Women's Reproductive Rights is Rooted in Colonial Slavery

Supreme Court Justice Samuel Alito made reference to the legal opinions of English jurist Henry de Bracton, foreshadowing the court overturning Roe v. Wade.
by Clyde W. Ford via HNN on June 5, 2022
Statue of Jefferson in front of white columns of building facade

The Decline of Church-State Separation

On the fraught and turbulent relationship between religion and government in the U.S.
by Steven Green, Eric C. Miller via Arc: Religion, Politics, Et Cetera on April 26, 2022
Portrait of Roscoe Conkling taken between 1860 and 1865.

The Senator Who Said No to a Seat on the Supreme Court — Twice

Roscoe Conkling was a successful politician and an able lawyer. But the colorful and irascible senator had no desire to serve on the high court.
by Robert B. Mitchell via Retropolis on February 27, 2022
Portrait of Steve Bannon with a serious expression

Executive Privilege Was Out of Control Even Before Steve Bannon Claimed It

A short history of a made-up constitutional doctrine that gives presidents too much power.
by Timothy Noah via The New Republic on October 18, 2021
Photograph of people lining up to hear arguments in Brown v. Board of Education.

The Case for Ending the Supreme Court as We Know It

The Supreme Court, the federal branch with the least public accountability, has historically sided with tradition over more expansive human rights visions.
by Keeanga-Yamahtta Taylor via The New Yorker on September 25, 2020

The Class of RBG

The remarkable stories of the nine other women in the Harvard Law class of ’59—as told by them, their families, and a SCOTUS justice who remembers them all.
by Molly Olmstead, Dahlia Lithwick via Slate on July 21, 2020

The Achievements, and Compromises, of Two Reconstruction-era Amendments

While they advanced African American rights, they had serious flaws, Eric Foner writes.
by John Fabian Witt via Washington Post on October 31, 2019

The Fourth Battle for the Constitution

The latest struggle to define America's founding charter will define the country for generations to come.
by Jeffrey Rosen via The Atlantic on September 25, 2019

The Eugenicists on Abortion

Contrary to what Clarence Thomas recently claimed, eugenicists never favored abortion as a means of population control.
by Karen Weingarten via Nursing Clio on July 2, 2019
Supreme Court building under dark rainclouds.

The Supreme Court Is in Danger of Again Becoming ‘the Grave of Liberty’

Supreme Court decisions have practical consequences, which justices too often blithely ignore.
by Eric Foner via The Nation on July 1, 2019

How Charitable Donations Remade Our Courts

The Olin Foundation funded the Federalist Society, seminars for judges, and much more.
by Dylan Matthews via Vox on May 29, 2019

Pretending Not to Discriminate in the Name of National Security

America has always discriminated in the name of national security. It’s just gotten better at pretending it’s not.
by Paul A. Kramer via Slate on June 29, 2018
Someone writes at a desk next to a gavel, with the scales of justice in the background.

The Rise of the Prosecutor Politicians

How local prosecutors' offices have become stepping stones to higher office.
by Jed Handelsman Shugerman via SHUGERBLOG on July 7, 2017

Constitutional Originalism and History

Does the most historically minded school of constitutional law push history aside?
by Jonathan Gienapp via Process: A Blog for American History on March 20, 2017

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