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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
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
“Originalism Is Intellectually Indefensible”
On the persistent myth of the colorblind Constitution that the Supreme Court's conservatives have embraced.
by
Eric Foner
,
Cristian Farias
via
Balls And Strikes
on
October 28, 2022
The Justice Who Wanted the Supreme Court to Get Out of the Way
Felix Frankfurter warned that politicians, not the courts, should make policy.
by
John Fabian Witt
via
The New Republic
on
August 26, 2022
The Problem of the Supreme Court
It’s time to admit that the nation’s highest court has been a source of harm more often than it’s been a force for justice.
by
Louis Michael Seidman
via
The Nation
on
June 20, 2022
The Birchers & the Trumpers
A new biography of Robert Welch traces the origins and history of the anti-Communist John Birch Society and provides historical perspective on the Trump era.
by
James Mann
via
New York Review of Books
on
June 2, 2022
The Homophobic Backdrop to Garrison’s Persecution of Clay Shaw
A review of "Cruising for Conspirators: How a New Orleans DA Prosecuted the Kennedy Assassination as a Sex Crime."
by
Martin J. Kelly
via
Washington Decoded
on
October 11, 2021
The Man Behind Critical Race Theory
As an attorney, Derrick Bell worked on many civil-rights cases, but his doubts about their impact launched a groundbreaking school of thought.
by
Jelani Cobb
via
The New Yorker
on
September 10, 2021
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
The Anti-Asian Roots of Today’s Anti-Immigrant Politics
Long before Trump, politicians on the country’s West Coast mobilized a white working-class base through violent hate of Chinese and Japanese immigrants.
by
Mari Uyehara
via
The Nation
on
August 9, 2021
The Surprising Honolulu Origins of the National Fight Over Same-Sex Marriage
A local gay rights activist launched a publicity stunt that became so much more. Congress couldn’t help but notice.
by
Sasha Issenberg
via
Politico Magazine
on
May 31, 2021
Plessy v. Ferguson at 125
One hundred and twenty five years after the Supreme Court’s decision in Plessy v. Ferguson, there are still lessons to be gleaned from the case.
by
Rachel Reed
via
Harvard Law Bulletin
on
May 19, 2021
How the GOP Surrendered to Extremism
Sixty years ago, many GOP leaders resisted radicals in their ranks. Now they’re not even trying.
by
Ronald Brownstein
via
The Atlantic
on
February 4, 2021
A TV Documentary Shows the Deep Roots of Right-Wing Conspiracy
In 1964, the John Birch Society was the most active far-right group in the United States—unless you count the Republican Party.
by
Richard Brody
via
The New Yorker
on
January 14, 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
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
The 14th Amendment Was Meant to Be a Protection Against State Violence
The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
by
David H. Gans
via
The Atlantic
on
July 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
The Tyranny of the Minority, from Iowa Caucus to Electoral College
The problem of minority rule isn’t Trumpian or temporary; it’s bipartisan and enduring.
by
Corey Robin
via
New York Review of Books
on
February 21, 2020
Privatizing the Public City
Oakland’s lopsided boom.
by
Mitchell Schwarzer
via
Places Journal
on
May 1, 2019
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