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judiciary



  • How the Left Lost the Constitution

    by Benjamin Morse

     Law professors Joseph Fiskin and William Forbath revisit the Reconstruction Amendments to argue that they represent a fusion of a "democracy-of-opportunity" tradition in the law that embraces an affirmative government duty to redistribute wealth. 


  • That Stench is Coming from the Supreme Court

    by James D. Zirin

    The Supreme Court's oral arguments in the Mississippi abortion case seem to show a conservative bloc wholly unconcerned with precedent, principle, or the legitimacy of the judiciary as they rush ahead to end abortion rights. 



  • Originalism’s Original Sin

    by Adam Shapiro

    Liberal critics should understand the ways that Constitutional originalism's practices of reading and resolving conflicts in the text owes a great deal to biblical literalism. Historians of religion can help understand what's at stake. 



  • Our Undemocratic Constitution

    by Julie C. Suk

    "We should not misconstrue the success of the midcentury Court: the few bright moments of inclusive constitutionalism, from Brown to Roe, did not make our Constitution inclusive and democratic."



  • Amy Coney Barrett’s Philosophy Has Far Worse Roots Than Most Americans Know

    by Simon Gilhooley

    At the core of originalism is a fundamentally conservative effort to limit the possibilities of our constitutional order to the imagination of historical figures from the 18th century, which included racial hierarchy and support for chattel slavery.