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Super Chief
Reconsidering Earl Warren's place in U.S. history.
by
Michael Bobelian
via
HNN
on
May 14, 2024
The Most Conservative Branch
Stephen Breyer criticizes recent Supreme Court decisions and argues for a more pragmatic jurisprudence.
by
Jed S. Rakoff
via
New York Review of Books
on
August 29, 2024
Is the United States Too Devoted to the Constitution?
A new book argues that worship of the Constitution has distorted our politics.
by
John Fabian Witt
via
The New Republic
on
June 24, 2024
Majority Rule on the Brink
The legacies of our racial past, and the prospects ahead for an embattled republic.
by
Annette Gordon-Reed
,
Chris Lehmann
via
The Forum
on
July 27, 2022
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
The Courts Won’t Save Us
Rather than resisting authoritarianism, the courts have enabled Trump’s rise.
by
Samuel Moyn
,
Daniel Bessner
via
Jacobin
on
April 30, 2025
The Late Supreme Court Chief Who Haunts Today’s Right-Wing Justices
William Rehnquist went from a lonely dissenter to an institutionalist chief—and his opinions are all the rage among the court’s current conservatives.
by
Duncan Hosie
via
The New Republic
on
October 23, 2024
The Supreme Court’s Originalists Are Fundamentally Wrong About History
The Founders didn’t believe the Constitution had a fixed meaning. So why do so many of the justices?
by
Andrew Lanham
via
The New Republic
on
October 7, 2024
Is It Time to Torch the Constitution?
Some scholars say that it’s to blame for our political dysfunction—and that we need to start over.
by
Louis Menand
via
The New Yorker
on
September 23, 2024
The Hollowing of the Eighth Amendment
The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
by
Duncan Hosie
via
New York Review of Books
on
June 18, 2024
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
We Should Embrace the Ambiguity of the 14th Amendment
A hundred and fifty years after its ratification, some of its promises remain unfulfilled—but one day it may still be interpreted anew.
by
Eric Foner
via
The Nation
on
July 9, 2018
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