january/february 2011

During her confirmation hearings, Amy Coney Barrett argued that the judicial philosophy known as “originalism” should guide judges in their interpretation and application of constitutional principles. Most famously associated with the late Justice Antonin Scalia (for whom Judge Barrett clerked), this idea sounds simple and sensible: In determining what the Constitution permits, a judge must first look to the plain meaning of the text, and if that isn’t clear, then apply what was in the minds of the 55 men who wrote it in 1787. Period. Anything else is “judicial lawmaking.”

In some cases, interpreting the Constitution with an originalist lens is pretty easy; for example, the Constitution says that the president must be at least 35 years old (“35” means, well, 35), that each state has two senators (not three and not one), and that Congress is authorized to establish and support an Army and a Navy. But wait a minute. What about the Air Force? Is it mentioned in the text? Nope. Is there any ambiguity in the text? Again, no. It doesn’t say “armed forces”; it explicitly says “Army” and “Navy.” Did the Framers have in mind the Air Force 115 years before the Wright brothers? Not likely.

It’s been almost five years since Adele Adkins released new music. Her last album, 25, delivered emotional, vocally masterful, classicist pop just in time to soothe listeners during taxing election seasons in the U.S. and U.K. An excellent Saturday Night Live sketch back then even posited that her hit “Hello” could be the one thing to bring together feuding family members at Thanksgiving dinners. Continuing Adele’s streak of blazing commercial success, 25 ended up being the best-selling album in the world that year.

With campaign stress—and the melancholic chill of sweater weather—in the air again, now would seem an ideal time for listeners to be comforted by her voice once more. Earlier this year, Adele told congregants at a wedding that 25’s follow-up would arrive in September, but that month came and went without any new music from her. There was, however, one tantalizing bit of news: Adele was booked to play last night’s SNL. Today, her status as the queen of heartbreak remains intact; the role she played was not musical guest but teasing, affable, yet ultimately unmemorable host.

Kami West had been dating her current boyfriend for a few weeks when she told him that he was outranked by her best friend. West knew her boyfriend had caught snatches of her daily calls with Kate Tillotson, which she often placed on speaker mode. But she figured that he, like the men she’d dated before, didn’t quite grasp the nature of their friendship. West explained to him, “I need you to know that she’s not going anywhere. She is my No. 1.” Tillotson was there before him, and, West told him, “she will be there after you. And if you think at any point that this isn’t going to be my No. 1, you’re wrong.”

If West’s comments sound blunt, it’s because she was determined not to repeat a distressing experience from her mid-20s. Her boyfriend at that time had sensed that he wasn’t her top priority. In what West saw as an attempt to keep her away from her friend, he disparaged Tillotson, calling her a slut and a bad influence. After the relationship ended, West, 31, vowed to never let another man strain her friendship. She decided that any future romantic partners would have to adapt to her friendship with Tillotson, rather than the other way around.

How do Americans decide what to be outraged about? It seems like ancient history now, but that was one of the questions The New York Times inadvertently raised in June when it appended an editor’s note to an op-ed by Senator Tom Cotton—a piece that some on the Times staff saw as presenting a physical danger not only to the country but to themselves.

The op-ed called for American troops to be sent to “restore order” to cities experiencing violent protests. Outside and inside the Times, it was widely condemned as “fascist” or fascist-adjacent. More recently, though, the Times published an op-ed of a similar vein, except this time readers had the opportunity to glimpse what actual fascism looks like. Fascism, in today’s context, isn’t mere authoritarianism, but the attempt to suppress all dissent, public or private, in the name of the nation; it is the expression of a regimented society that elevates order as both the means and end of all political life.

In 2016, Donald Trump won Michigan by the narrowest margin of any state—10,704 votes.  

“There are 11,000 more votes in Detroit,” Garlin Gilchrist told himself that night. “There are 11,000 Black men who could vote to change that.”

A few months later, Gilchrist, then just 35, entered the race for Detroit city clerk—the city’s chief elections officer. His pitch: He could help engage more voters, and help make it easier for them to vote. As a young Black man, he felt he could understand why so many other Black men had sat out the presidential election—and why some thought their vote didn’t matter. Black men had shown up twice for Barack Obama, and their life hadn’t changed that much. Hillary Clinton wasn’t even Black.