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1957 U.S. Supreme Court Justices
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Super Chief

Reconsidering Earl Warren's place in U.S. history.
Political cartoon showing Supreme Court Justice Sutherland handing a woman worker a decision on minimum wage.

The Most Conservative Branch

Stephen Breyer criticizes recent Supreme Court decisions and argues for a more pragmatic jurisprudence.
Sections of the US Constitution torn to be used as pennants.

Is the United States Too Devoted to the Constitution?

A new book argues that worship of the Constitution has distorted our politics.
Illustration of Annette Gordon-Reed.

Majority Rule on the Brink

The legacies of our racial past, and the prospects ahead for an embattled republic.
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.
Chief Justices of the Supreme Court attend President Donald Trump’s address to a joint session of Congress at the US Capitol on March 4, 2025, in Washington, DC.

The Courts Won’t Save Us

Rather than resisting authoritarianism, the courts have enabled Trump’s rise.
William Rehnquist

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.
Illustration of the Constitution, with the hand of a Founder writing with a feather, and the other side a 21st century hand writing with a pen.

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?
"We the People" collage.

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.
Anti-death penalty protesters standing outside the Supreme Court.

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.
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.
Manuscript of the Fourteenth Amendment.

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.

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