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.

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 »

In the Honored Career of a Founder, a Lesson for Today's GOP Governors

In the Honored Career of a Founder, a Lesson for Today's GOP Governors

Rick Snyder, Scott Walker, John Kasich -- would you rather be remembered like John Jay or like Reince Priebus? More »

Democrats Reap the Fruits of Filibuster Fecklessness at the D.C. Circuit Court

Democrats Reap the Fruits of Filibuster Fecklessness at the D.C. Circuit Court

On Friday, judges ruled that Obama appointments to the NLRB were unconstitutional. After years of Bush-era grandstanding, Democrats have no one to blame but themselves. More »

Gays Can Take Care of Themselves, Say Same-Sex Marriage Opponents

Gays Can Take Care of Themselves, Say Same-Sex Marriage Opponents

Like the sophisticated defenders of Proposition 8, DOMA's proponents are making a strong argument -- but one that may belong in a different case. More »

Can We Talk Calmly About Obama's 'Executive Orders'?

Can We Talk Calmly About Obama's 'Executive Orders'?

No president can do the job without them. Let's try to be clear about which ones are valid and which aren't. More »

'Suits' Does for Lawyers What 'Downton Abbey' Does for Aristocrats

'Suits' Does for Lawyers What 'Downton Abbey' Does for Aristocrats

The USA Network legal drama examines the power dynamics and anxiety that govern a gilded enclave. More »

The Seventh Circuit's Big Chance to Redeem Itself on Gun Control

The Seventh Circuit's Big Chance to Redeem Itself on Gun Control

Conservative jurist Richard Posner made a joke out of a deadly serious case. Now his colleagues have an opportunity to put things right. More »

Does Obama Actually Have a Debt-Ceiling Plan, or Is He Bluffing?

Does Obama Actually Have a Debt-Ceiling Plan, or Is He Bluffing?

The president says only Congress can lift the debt ceiling, but what if they refuse? More »

How the Senate Filibuster Went Out-of-Control—and Who Can Rein It In

How the Senate Filibuster Went Out-of-Control—and Who Can Rein It In

Don't look to the courts; elected leaders have to fix the problem themselves. More »

Why It Might Be Hard to Completely Ban Gay Conversion Therapy

Why It Might Be Hard to Completely Ban Gay Conversion Therapy

Is this treatment protected speech? Two California courts disagree. More »

To Judge Richard Posner, Gun Control Is a Joke

To Judge Richard Posner, Gun Control Is a Joke

Days before Newtown, the Seventh Circuit extended the Second Amendment beyond even the Supreme Court's decisions. More »

The Supreme Court Will Hear 2 Same-Sex Marriage Cases

The Supreme Court Will Hear 2 Same-Sex Marriage Cases

Justice Anthony Kennedy may ultimately cast the vote that decides whether federal and state gay marriage bans are ruled unconstitutional. More »

Why the President Should Ignore the Debt Ceiling

Why the President Should Ignore the Debt Ceiling

According to some legal scholars, doing nothing might be the "least unconstitutional" option for Obama. More »

Why Judges Can't Hear Each Other on Affirmative Action

Why Judges Can't Hear Each Other on Affirmative Action

The law says such programs benefit society as a whole. But the judges—on both sides—think of it as a favor that "we" do for "them." More »

'Gay Conversion' and the First Amendment

'Gay Conversion' and the First Amendment

A federal judge tells California not to silence therapists until their therapy is proven harmful. More »

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