Originalism Is Dead
Ideas of the Year 2013
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Has the U.S. Passed Peak Car?
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.
Some court-watchers say the opinion might strip Congress of the power to regulate the ballot -- but, for now, they can probably relax. More »
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 »
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 »
To understand why simply naming a replacement would be outdated and inappropriate, you have to know a bit about Constitutional history. More »
The Supreme Court okays unwarranted DNA swabs, but Scalia says Patrick Henry would disapprove. More »
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 »
In a historic speech, the president suggests it's time to limit executive ability to use lethal force against alleged extremists. More »
The judiciary can't fix this: The Supreme Court has a poor track record protecting journalists from the government. More »
Government officials need a refresher course in the First Amendment "anti-retaliation" principle. More »
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 »
A unanimous decision on FOIA rules suggests the justices are in a rather modest mood. More »
Emotions crackle as the justices take on a contested child custody case involving the Cherokee Nation. More »
"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 »
A scrambled Supreme Court majority says it counts as a search, but disagrees on the reasoning. More »
The crowds rallying for a decisive statement on equality should prepare for anticlimax, and perhaps disappointment. More »
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 »
Will he honor states' rights or gay rights? He has a long track record of support for both. More »
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 »
By focusing on improbable dangers to everyday people, the senator distracted Americans from the real issues. More »
