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Supreme Court



  • Amy Coney Barrett and the “Kingdom of God”

    by John Fea

    Liberal critics have seized on a quote from the potential Supreme Court Nominee's graduation speech to Notre Dame law students as evidence of a theocratic mindset. A historian of American religion warns the metaphor of the "kingdom of god" is widely used in political rhetoric.



  • Down With Judicial Supremacy!

    by Jamelle Bouie

    The power of the courts to define the meaning of the Constitution has been challenged by legislative, executive and popular action at different times in American history. If that prospect seems scary, remember that it's the process that overthrew the Dred Scott decision as the law of the land, argues NYT columnist Jamelle Bouie.



  • RBG, Historian: Why Justice Requires Memory

    by Chris Gehrz

    Ruth Bader Ginsburg's sense of justice was informed by a clear view of the path of American history and the knowledge that change toward equality was neither automatic nor unidirectional.



  • Surrendered Court Seats

    by David Leonhardt

    It's far from certain that Trump and the Republicans will get their way with Ruth Bader Ginsburg's replacement. There are ample examples of botched nominations before presidential transitions and confirmed nominees who didn't meet their party's ideological expectations. 



  • The Supreme Court’s Starring Role In Democracy’s Demise

    by Carol Anderson

    The Supreme Court today repeats the shameful actions of the courts in the 1890s, which gave judicial cover to state laws explicitly designed to disenfranchise Black voters, by accepting bad faith arguments that the laws in question were race-neutral. 


  • SCOTUS's Thuraissigiam Decision is a Threat to all Undocumented Immigrants

    by Elliott Young

    As Justice Sotomayor wrote in her dissent, a recent decision could “permit Congress to constitutionally eliminate all procedural protections for any noncitizen the Government deems unlawfully admitted and summarily deport them no matter how many decades they have lived here, how settled and integrated they are in their communities, or how many members of their family are U. S. citizens or residents.” 



  • The McGirt Case Is a Historic Win for Tribes

    by Julian Brave NoiseCat

    Gorsuch, a westerner with experience in Indian law, who is no liberal, applied a conservative textualist approach to the reading of treaty law and statutes. The result: A legal theory that has been marshaled to combat abortion rights and gay marriage delivered the most significant and favorable Supreme Court decision for tribes in the 21st century.



  • We Can End Qualified Immunity Tomorrow

    We need not wait for Congress or the Supreme Court to deny police officers qualified immunity when they violate constitutional rights. State attorneys general and city law departments can—and should—lead the charge themselves.