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Samuel Alito



  • The Rise of the SCOTUS "Shadow Docket"

    An increasing amount of the court's consequential business is being conducted through emergency orders in response to lower court rulings, without public argument or signed opinions, argues legal scholar Steve Vladek. Although there are reasons for fast action in some cases, the court's public legitimacy is undermined.



  • Was the Civil War Inevitable?

    by David W. Blight

    As a growing number of Americans entertain the idea that dissolving the nation might be better than holding its incompatible parts together, it's worth revisiting the series of decisions that led to the Civil War, and to ask whether the nation has, or will, experience the equivalent of the Dred Scott decision. 



  • Alito's Battle Against Secular Society is Just Getting Started

    "Some baby boomers were permanently shaped by their participation in the countercultural protests and the antiwar activism of the nineteen-sixties and seventies. Others were shaped by their aversion to those movements. Justice Samuel Alito belongs to the latter category."



  • Originalism is Just Selective History

    by David H. Gans

    "This is a Court that insists it is following history and tradition where they lead, while cherry-picking the history it cares about to reach conservative results."



  • Alito's Opinion Shows Roe is Only the Beginning

    by Thomas Zimmer

    The entire idea of substantive due process under the 14th Amendment is called into question by the draft opinion, potentially threatening reproductive rights, civil rights, and sexual freedom in service of a reactionary ideal of patriarchal society. 



  • Is Alito's Plan to Repeal the 20th Century?

    Alito's invocation of Plessy v. Ferguson as a reason to discard precedent is galling because his opinion would destroy the kind of protection under law that Homer Plessy actually sought.