Prosecutors aren’t charging suspects with hate crimes, even in clear-cut cases.
The law’s opponents have a good chance of winning their next showdown, though it won’t threaten the law as a whole.
John Marshall not only owned people; he owned many of them, and aggressively bought them when he could.
When courts consider the prospect of excluding noncitizens from representation, they should bear in mind the country’s past.
The theory has not provided the clarity some of its early proponents had hoped it would.
Anti-abortion-rights activists have turned their arguments away from protecting democracy and toward maximizing protection for fetal life.
America is inching closer to a possibility it has never seen before: the indictment and trial of a former president.
I quit the DOJ because I no longer wanted to participate in a system this permissive.
States do not have a defensible reason for denying children recommended medical care.
The new attorney general has inherited a department plagued by scandal, just as Edward Levi did in 1975.
To send the right message, Donald Trump’s removal from Facebook must be permanent.
Retrocession is being used to derail what Washingtonians actually want: statehood.
Criticizing the Founders is in vogue these days, but what they did was extraordinary.
Its guilty verdict resulted not just from the strength of the evidence, but from a jury-selection process that departed from American norms.
What’s astonishing is that presidential criminal immunity has no grounding in actual law. It’s not in the Constitution or any federal statute, regulation, or judicial decision. It is not law at all.
The next two years might be America’s last chance to protect the basic democratic principle of majority rule.
By the early 2040s, Trump-appointed chief judges will simultaneously sit atop nearly every appeals court in the country.
What if a coherent legal philosophy could exist between the poles of living constitutionalism and originalism?
Partisan primaries motivate legislators to keep in lockstep with a narrow and extreme slice of the electorate rather than govern in the public interest.
The Founders would have been appalled by the attack on the Capitol but not surprised.
Their ability to hold on to their job should not depend on the same people they challenge in court.
For an institution whose legitimacy depends largely on the public’s perception of its integrity, the growth of unseen, unsigned, and unexplained decisions can only be a bad thing.
America must regulate guns not only to protect life, but to protect its citizens’ equal freedoms to speak, assemble, worship, and vote without fear.
Conservative justices seem poised to use complex, technical doctrines that will likely sanction all manner of state voter-suppression measures.
And those paying attention haven’t missed it.
The 45th president profoundly altered our system of government.
The impeachment trial offers a chance to show how Donald Trump tried to undermine the election’s legitimacy for months—not just on the day of the Capitol attack.
The First Amendment does not limit the removal and disqualification powers conferred on Congress by the Constitution.
People may like to believe that the Court can accommodate conservative religious groups without causing much harm, but that does not seem to be the case.
Prohibiting Trump from running again is no outlandish measure, but an expressly constitutional remedy.
Should Richard Nixon have faced criminal prosecution? A never-before-published article from 1974, written by a leading legal scholar, offers answers that speak to the present.
We can’t rely on the private sector to protect the common good.
Liberals once believed that private corporations have far too much power over the flow of ideas and information in today’s society. Now it’s conservatives who are worried.
The whole American government is premised on the idea that politicians will act in their own interests. A Senate that won’t protect itself from attack can’t protect the country.
Could a truth and reconciliation commission help the country heal?
Following Trump’s intensely polarizing presidency, Biden’s message of decency, truth, constitutional integrity, and care for one another is more imperative than ever.
The Senate must convict Trump in order to disqualify him from ever holding public office again.
One hundred and forty-seven Republican members of Congress voted to sustain a delusion in the American mind.
Republicans are arguing that going after him will do irreversible damage to American democracy. Don’t believe them.
The NRA and its allies have argued for years that citizens need to arm themselves for a fight against tyranny.
There can be no confusion over who is president, even for a moment.
Trump’s allies are not making good-faith arguments within America’s legal system. Rather, this is a challenge to the legal system.
No law can stop reckless people from trying to thwart the popular will, but we should still address the obvious weak spots in our system.
Religious, pro-abortion-rights voices were not always so rare.
George Mason anticipated the president’s act more than 230 years ago.
He may now attempt what no one thought a president would ever try.
The justices’ decision not to wade into a sloppy coup attempt is no victory for rule of law.
A federal judge will decide next month whether the U.S. legal system treats presidential allies differently from presidential antagonists.
Proposals from libertarian, conservative, and progressive scholars displayed a few striking differences—but also some profound similarities.
The courts have refused to be made pawns in President Trump’s efforts to overturn the election.
These lawsuits have upended courts’ role in interpreting voting laws.
It never has.
What the president and his lawyers have been attempting to do deserves punishment that will likely never come.
The path lies not in legislation but through the deregulation of mifepristone—the only drug the FDA has approved to safely and effectively terminate an early pregnancy.
The president’s abuse of his clemency power is an assault on one of the few truly humane aspects of the American legal system.
Each day, it becomes more urgent that Republicans and conservatives speak in defense of institutions and in defiance of the president’s posture.
The legislative branch is constitutionally charged with checking abuses in the executive branch—and it must act to ensure a smooth transition.
The president may not have to worry about keeping a job after January 20, 2021, but the attorneys doing his bidding at the moment certainly do.
The president’s litigation strategy is unlikely to succeed, but it’s doing great harm in the meantime.
Millions of Americans could lose their insurance—and neither Joe Biden nor the states will be in a good position to do much about it.