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.

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 »

Rand Paul's Filibuster May Have Been Dishonest, but Obama Asked for It

Rand Paul's Filibuster May Have Been Dishonest, but Obama Asked for It

An administration headed by a smart lawyer is unable to grasp that to the American people, secret law is hard to tell from no law at all. More »

The Supreme Court Sees the Future: 90-Minute DNA Matches, and Less Crime

The Supreme Court Sees the Future: 90-Minute DNA Matches, and Less Crime

Is being told to open up for an oral swab more intrusive than taking fingerprints? More »

Voting Rights Act Case Pits the Rights of Humans Against the 'Sovereignty' of States

Voting Rights Act Case Pits the Rights of Humans Against the 'Sovereignty' of States

Opponents of 5 of the Voting Rights Act are invoking the "dignity" of covered states. That "dignity" is as imaginary as Harvey the Giant Rabbit. More »

Is Open Government a States' Rights Issue, Too?

Is Open Government a States' Rights Issue, Too?

Virginia goes to the Supreme Court over a law that limits public-records access to its residents. Here's why it matters for all Americans. More »

Why a Secret Court Won't Solve the Drone-Strike Problem

Why a Secret Court Won't Solve the Drone-Strike Problem

In our system, courts don't grant indulgences or offer absolution; they decide cases, and they don't advise the President. More »

Democrats Should Blame Themselves for the Hagel Filibuster

Democrats Should Blame Themselves for the Hagel Filibuster

The Framers didn't mean to let minority parties hijack the Senate. But when the Democrats had a chance to reform the voting rules last month, they threw it away. More »

'Trust Us' Won't Do: How to Hold Obama Accountable for Drone Strikes

'Trust Us' Won't Do: How to Hold Obama Accountable for Drone Strikes

There's a reason the Constitution checks executive power. Here's why -- and how -- to rein in targeted killing. More »

What Did the Word 'the' Mean in 1755? And Why Does the Court Care?

What Did the Word 'the' Mean in 1755? And Why Does the Court Care?

A decision on Obama's recess appointment power shows why judicial originalism is an exciting game without any rules. More »

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