The Forgotten Third Amendment Could Give Pandemic-Struck America a Way Forward
An overlooked corner of the Constitution hints at a right to be protected from infection.
The Mess Congress Could Make
The Bush v. Gore fight has become the template of a disputed election, but many of the worst-case scenarios could end up before Congress, not the Court.
Life Without Parole for Kids Is Cruelty With No Benefit
The United States is the only country that allows this practice, and soon the Supreme Court could get rid of it.
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The Amy Coney Barrett Hearings Were a Failure
The multiday spectacle gave viewers little understanding of the most important issue the Court will rule on: how Americans vote and whether those votes matter.
Stephanie Wolkoff’s Revelations Are Exactly What the First Amendment Should Protect
And the Department of Justice’s lawsuit against her is a disgrace.
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The Secret Code of the Amy Coney Barrett Hearing
Pay attention to phrases such as settled law and stare decisis, and a whole other layer of meaning will come to the fore.
America’s Judiciary Doesn’t Look Like America
Those tasked with administering justice are overwhelmingly white and male, while the country is not.
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Senate Republicans Are Playing a Dangerous Game With the Court’s Legitimacy
The concept of precedent isn’t valuable just for the guidance it provides but also for the confidence it instills in political and legal systems. Republicans are treating it recklessly.
The Constitution Is On Pause in America’s Courtrooms
Seven months into the pandemic, courts around the country are beginning to restart their criminal dockets. But the practical obstacles are staggering.
What’s So Great About a Written Constitution?
Having one document that sets up a government does not result in better democratic outcomes than having a mix of statutes, norms, and precedents.
Courts Are Taking Away One of Americans’ Best Options for Fixing Voting
The Supreme Court told citizens to improve the country’s democracy by passing ballot initiatives. They tried.
The Man Who Wanted to Save the First Amendment by Inverting It
In the 1940s, the scholar William Ernest Hocking envisioned a theory under which the government actively facilitated free speech.
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A Warning From Michigan
The state previews how far Republican judges will go to obstruct Democrats in office.
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What Happens If a Presidential Candidate Becomes Incapacitated or Dies
Rules exist for what could come next, but they won’t prevent total chaos.
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I Worked on 5 SCOTUS Confirmation Hearings. Rushing the Process Will Be a Disaster.
There’s simply not enough time to do this properly before the election.
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Judiciary Reform Is Not Revenge
Expanding the Supreme Court makes sense for both practical and constitutional reasons.
The Fanatic
Bill Barr is convinced that the country is betraying its founding—and that it’s up to him to stop it.
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RBG’s Greatest Insight
The justice understood that the two great principles of American democracy—equality and liberty—are not at odds, but rather integral to each other.
The Great Liberal Reckoning Has Begun
The death of Justice Ruth Bader Ginsburg concludes an era of faith in courts as partners in the fight for progress and equality.
Term Limits Won’t Fix the Court
But they could help restore confidence in the confirmation process and eliminate public concerns about aging justices.
To Have Known Her
Remembering a woman who meant the world to those lucky enough to work for her
A Dangerous Moment for the Court
And the country.
RBG’s Life, in Her Own Words
In one of her most revealing interviews, the justice discusses her losses, her struggles, and her hope for the future.
The Weaponization of the Free-Exercise Clause
The Supreme Court’s majority is transforming this onetime protection into a sword to strike down hard-fought advances in civil rights.
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How the Government Lost Its Mind
Over the past 50 years, America has given up on the Enlightenment-era ideals of its Founders—and the country’s coronavirus disaster is the result.
The Terrifying Inadequacy of American Election Law
The country has narrowly averted catastrophic deadlocks over the presidential-election outcome before. We may not be so fortunate in 2020.
The Smart Way to Fix the Filibuster
Rather than completely eliminate the procedure, Democrats should reform it so that it continues to exist for truly extraordinary circumstances.
The U.S. Is Facing the Possibility of a Truly Illegitimate Election
But Americans can still fight to protect democracy this year and beyond.
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The U.S. Shouldn’t Get to Decide If a Navajo Man Dies
His tribe objected. The victim’s family objected. Even the case’s original prosecutor objected. But he’s scheduled to get the death penalty anyway.
I’m a Historian. I See Reason to Fear—And to Hope.
We can’t assume that all will be fine in the end, but history shows us that times of unrest are opportunities, too.
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The Constitution Is Perfectly Clear About Citizenship
The persistence of birtherism is a depressing feature of our corrupt and hateful national dialogue.
The Other Way Trump Could Destroy the Next Presidency
Short of an outright constitutional crisis, a lot could still go horribly wrong.
The Whole Concept of ‘Unlawful Assembly’ Is a Mess
“Unlawful assembly” is like “illegal writing” or “forbidden religious exercise”: There surely may be such a thing, but what qualifies?
Reform the Court, but Don’t Pack It
The goal shouldn’t be to make the Court less ideological, but to make it less powerful.
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Trump Has Launched a Three-Pronged Attack on the Election
And it starts with undermining the U.S. Postal Service.
The Supreme Court Is Avoiding Talking About Race
Saying nothing often is saying something.
The Nation’s First Civil-Rights Law Needs to Be Fixed
Section 1981 has been on the books for more than 150 years. But its promise has never been fulfilled.
Can Anything Be Done to Rein In the President’s Speech?
Trump’s words are dangerous, and society must find ways big and small to push back.
There Is Nothing Conservative About What Trump Is Doing in Portland
Unconstitutional police activity is not conservative. It’s authoritarian.
Justice Gorsuch’s Legal Philosophy Has a Precedent Problem
How should a textualist deal with bad case law?
SCOTUS Doesn’t Trust Congress—And That’s a Problem for American Government
The past decade has witnessed a dangerous trend: a judicial branch that expresses deep suspicion of the legislative branch’s competence and motives.
The United States Needs a Third Reconstruction
Whatever its shape, the era ahead must rekindle the aspiration of a nation molded in the ideal of perfect equality.
The 14th Amendment Was Meant to Be a Protection Against State Violence
The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
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The Court Got the Trump Subpoena Cases Exactly Backward
Why is the Supreme Court giving more deference to a state grand jury than the Congress of the United States?
Why Tribes Should Have the Power to Enforce Strict Coronavirus Policies
Nonmembers who flout tribal stay-at-home orders could pose an existential threat to tribal communities.
The Constitution Doesn’t Work Without Local News
American democracy requires informed citizens. But in many places, the industry responsible is withering before our eyes.
Progressives’ Supreme Court Victories Will Be Fleeting
The groundwork is now in place for major conservative wins in the years ahead.
The Traditional Interpretation of the Pardon Power Is Wrong
Properly understood, the commutation of Roger Stone’s sentence is unconstitutional.
John Roberts Is Just Who the Supreme Court Needed
The chief justice has worked to persuade his colleagues to put institutional legitimacy above partisanship.
Mazars Is a Victory for Rule of Law
As to Trump’s claim to what his legal team once characterized as “temporary absolute presidential immunity,” the Supreme Court’s answer was simple: No.
Social Conservatives Are Learning All the Wrong Lessons From Trump
The chief justice is signaling his willingness to roll back abortion rights—if only activists would listen.
The Separation of Church and State Is Breaking Down Under Trump
Religious groups are getting special treatment from the government’s pandemic-relief efforts.
The Trans Future I Never Dreamed Of
The Supreme Court has now given its approval to something LGBTQ people have long fought for: the opportunity to live and thrive in this country.
Banish Trump to the Anticanon
A president’s behavior need not be precedent-setting.
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The Hidden Constitutional Costs of the Carceral System
America’s courts have placed little value on the rights of black people.
DACA Isn’t What Made Me an American
Being a Dreamer is.
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Why Trump Keeps Losing at the Supreme Court
The legal reasoning may look like it turns on obscure technicalities, but the administration’s cases are falling apart because of something much more deeply wrong.
The Trump Administration’s Incompetence Was the Saving Grace of 700,000 Dreamers
But the Supreme Court refused to say that rescinding DACA won’t occur in the future.