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Supreme Court



  • 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.



  • The Real Story Behind “Because of Sex”

    by Rebecca Onion

    One of the most powerful phrases in the Civil Rights Act is often viewed as a malicious joke that backfired. But its entrance into American law was far more savvy than that, led by Representative Martha Griffiths.



  • Could 'Rogue Electors' Tilt the Balance of the US Election?

    The Supreme Court has heard arguments in cases involving "faithless electors" who depart from their state's popular vote when the Electoral College votes to choose the President. The cases evoke troubling prospects for the 2020 election being decided by a small number of electors.



  • How the Republican Party Took Over the Supreme Court

    by John Fabian Witt

    We are now at least one decade into a nearly unprecedented experiment in partisan judging at the highest court in the land. Our legal and political systems have barely begun to process what that means.