Garrett Epps

Garrett Epps, a former reporter for The Washington Post, is a novelist and legal scholar. He teaches courses in constitutional law and creative writing for law students at the University of Baltimore and lives in Washington, D.C. His new book is Wrong and Dangerous: Ten Right Wing Myths About Our Constitution.

Issue July/August 2013

Originalism Is Dead

Ideas of the Year 2013

Could Supreme Court's Arizona Ruling Lead to Voting Messes Down the Road?

Could Supreme Court's Arizona Ruling Lead to Voting Messes Down the Road?

Some court-watchers say the opinion might strip Congress of the power to regulate the ballot -- but, for now, they can probably relax. More »

Arizona Gets Rare Smackdown From Justice Scalia

Arizona Gets Rare Smackdown From Justice Scalia

The conservative jurist, who has sided with the state in many recent cases, nonetheless wrote a majority opinion upholding broad federal power to regulate voter registration. More »

Americans' Hollow Commitment to 'Rule of Law'

Americans' Hollow Commitment to 'Rule of Law'

This country is proud of its commitment to the Constitution. But right now, real review is being ignored. Instead, reviewers are just checking boxes. More »

Why Chris Christie Is Right to Call for a Special Election

Why Chris Christie Is Right to Call for a Special Election

To understand why simply naming a replacement would be outdated and inappropriate, you have to know a bit about Constitutional history. More »

If You Can't Give Me Liberty, at Least Take This Swab Out of My Mouth!

If You Can't Give Me Liberty, at Least Take This Swab Out of My Mouth!

The Supreme Court okays unwarranted DNA swabs, but Scalia says Patrick Henry would disapprove. More »

Does a State Have the Right to Self-Destruct?

Does a State Have the Right to Self-Destruct?

Colorado has crippled its own ability to tax. And now some citizens say that's depriving them of their right to a republican government. More »

Obama the Idealist vs. Obama the Terrorist Killer

Obama the Idealist vs. Obama the Terrorist Killer

In a historic speech, the president suggests it's time to limit executive ability to use lethal force against alleged extremists. More »

To Stop Overreaches Like the AP Debacle, Congress Must Step Up

To Stop Overreaches Like the AP Debacle, Congress Must Step Up

The judiciary can't fix this: The Supreme Court has a poor track record protecting journalists from the government. More »

Why Is It So Hard to Keep the IRS Out of Politics?

Why Is It So Hard to Keep the IRS Out of Politics?

Government officials need a refresher course in the First Amendment "anti-retaliation" principle. More »

How Vacancies on the D.C. Circuit Court Are Swaying Policy in America

How Vacancies on the D.C. Circuit Court Are Swaying Policy in America

The court's judges are obstructing appointments to a key regulatory body. But since the Senate won't confirm Obama's own judicial picks, the appointments will stay stuck. More »

Supreme Court Says States Are Allowed to Favor Their Own Citizens

Supreme Court Says States Are Allowed to Favor Their Own Citizens

A unanimous decision on FOIA rules suggests the justices are in a rather modest mood. More »

When Is an Indian Parent a 'Parent'?

When Is an Indian Parent a 'Parent'?

Emotions crackle as the justices take on a contested child custody case involving the Cherokee Nation. More »

Let's Stop Treating the Constitution Like the Da Vinci Code

Let's Stop Treating the Constitution Like the Da Vinci Code

"Originalism" allows judges to read into the founding document any ideas they want. Nowhere is the problem clearer than in the ongoing saga of the presidential recess appointment power. More »

Why Does a Dog Sniff Require a Warrant?

Why Does a Dog Sniff Require a Warrant?

A scrambled Supreme Court majority says it counts as a search, but disagrees on the reasoning. More »

The Supreme Court Moves Further Toward Narrow Rulings on Same-Sex Marriage

The Supreme Court Moves Further Toward Narrow Rulings on Same-Sex Marriage

The crowds rallying for a decisive statement on equality should prepare for anticlimax, and perhaps disappointment. More »

At the Supreme Court, Uneasy Justices Grapple With the Meaning of Marriage

At the Supreme Court, Uneasy Justices Grapple With the Meaning of Marriage

In today's oral argument, those on the bench worried aloud about social change, caution, and the danger of doing too much too soon. More »

How Will Justice Kennedy Decide on the Supreme Court's Gay Marriage Cases?

How Will Justice Kennedy Decide on the Supreme Court's Gay Marriage Cases?

Will he honor states' rights or gay rights? He has a long track record of support for both. More »

'This Is a Crazy System': Justices Ridicule Ease-of-Voting Law

'This Is a Crazy System': Justices Ridicule Ease-of-Voting Law

The Supreme Court seems poised to reject a form that simplifies voter registration -- on the grounds that some of its members could have designed a better one. More »

Did Rand Paul Ask the Wrong Questions in His Drone Filibuster?

Did Rand Paul Ask the Wrong Questions in His Drone Filibuster?

By focusing on improbable dangers to everyday people, the senator distracted Americans from the real issues. More »

The Biggest Story in Photos

Early Monsoon Rains Flood Northern India

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