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Supreme Court



  • Why Let the Supreme Court Dominate Democracy?

    by Nikolas Bowie

    Liberals have been conditioned to look to the Supreme Court of Brown v. Board of Education as a protector of democracy. What if the court's dominant historical legacy is the body of decisions that enabled the rise of Jim Crow in the first place? 



  • Undoing the Voting Rights Act

    by Steve Suitts

    Samuel Alito ventured far from the legislative intent of Congress's 1982 update to the Voting Rights act, making it much more difficult to challenge restrictive state voting laws. 



  • How Democrats Lost the Courts

    "Some Democrats are starting to suspect that the story is simpler: They’ve been chumps. They have clung to norms Republicans long ago abandoned. They have championed moderates in order to appeal to their enemies, only to watch those moderates twist in the wind."



  • Supreme Court Rejects Sentence Reductions for Minor Crack Offenses

    Justices disagreed about what lessons to draw from the history of the 1986 Crime Bill that created the sentencing disparity for crack cocaine offenses. Does the fact that some Black organizations at the time supported the law excuse its racist impact? 



  • A Supreme Court Case Poses a Threat to L.G.B.T.Q. Foster Kids

    by Stephen Vider and David S. Byers

    State and local social service agencies for decades have been actively working to protect the safety and dignity of queer youth in the foster care system. A Supreme Court case threatens that progress in the name of "religious freedom." 



  • The Importance of Teaching Dred Scott

    A social media discussion among constitutional law professors has proposed minimizing the discussion of the racist language of the notorious Dred Scott decision. Does this do violence to historical understanding of the longstanding accommodation of the constitution to racism? 



  • Plessy v. Ferguson at 125

    Harvard Law School Professor Kenneth Mack explains what the shameful decision meant, and why it still matters in 2021.



  • The Abortion Fight Has Never Been About Just Roe v. Wade

    by Mary Ziegler

    "The abortion debate has never been about just Roe—and it’s never been about letting a popular majority have a say. What’s new is that this argument now meets a receptive Supreme Court for the first time in more than a generation."



  • “Gimme an F!” Supreme Court Mulls the Case of the Cursing Cheerleader

    by Garrett Epps

    As the Supreme Court considers whether a school district has the authority ot punish a high school cheerleader for a profane social media rant made off campus, the author wonders if legal arguments about schools' authority are overshadowing schools' obligations to prepare students for citizenship. 



  • It’s Time to Reframe Voting Rights in the Courts

    Since the expansion of voting rights by legislation and the courts in the 1960s, conservative legal activists have narrowed ballot access by shifting legal focus from the interests of the voters toward the purported interest of the state in protecting election integrity, balancing a real problem against a largely imaginary one.