Benjamin Wittes

The national divide over gay marriage is a recipe for legal confusion—but we should learn to live with it… More »

The national divide over gay marriage is a recipe for legal confusion—but we should learn to live with it… More »

Why we still don’t have a way to put terrorists on trial… More »

John Roberts is the new chief justice, but the Supreme Court isn't his to lead just yet… More »

The death penalty is not about to vanish overnight—but the Supreme Court's tolerance for it is diminishing rapidly… More »

Actually, the Supreme Court's problem is not merely disconnection from the real world—it's also arrogance, dishonesty, grandiosity, and a lack of respect for principle, history, or logic… More »

Amid all the liberal hysteria about the threats posed by a conservative Supreme Court, one threat tends to be ignored—and it happens to be the biggest one… More »

Most of what we learn from confirmation hearings for a Supreme Court chief justice will be misleading or irrelevant… More »

The Democratic Party's commitment to preserving Roe v. Wade has been deeply unhealthy for abortion rights, for liberalism more generally, and ultimately for American democracy… More »

What happens when the journalistic principle of protecting confidential sources clashes with the public interest in prosecuting a crime? A cross-examination… More »

As elections near, partisans always invoke a threat to the "balance" of the Court. But the real peril isn't ideology—it's blandness… More »

The consequences of "the single most irresponsible decision in the modern history of the Supreme Court"… More »

Jose Padilla and Yaser Esam Hamdi are American citizens. The Bush Administration has claimed the right to imprison them indefinitely without charge or trial, on the grounds that they are "enemy combatants" in the war on terror. Does a new kind of war require new kinds of laws?… More »