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Supreme Court



  • “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. 



  • The Obscure Case That Could Blow Up American Civil-Rights and Consumer-Protection Laws

    Law professor Eduardo Peñalver argues that the case of Cedar Point Nursery v. Hassid which challenges a 1975 California law allowing labor organizers limited access to private agricultural land to speak to workers, could apply a radical version of the "takings" doctrine to block many kinds of labor, consumer, and civil rights law. 



  • 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. 



  • A First Amendment Case that May be the Key to Trump's Impeachment Trial

    by Tony Mauro

    A First Amendment researcher offers a brief primer on Brandenburg v. Ohio, a case which Trump's legal supporters argue shields his January 6 rhetoric from criminal sanction because it was not purposefully aimed at inciting "imminent lawless action" – a claim critics say is blatantly contradicted by the subsequent actions of a mob a mile away from where Trump spoke.



  • Reintroducing Sonia Sotomayor

    by Irin Carmon

    After nearly 12 years since her appointment to the Supreme Court, writer Irin Carmon reviews Sonia Sotomayor's role on a changing court and the media outrage over her suggestion that purely color-blind justice is an illusion. 


  • Palin v. New York Times is a Textualist Land Mine for the First Amendment

    by Richard E. Labunski

    In June, trial will begin in Sarah Palin's libel case against the New York Times. The case appears to be teed up on a path to the Supreme Court, where the current "actual malice" standard for proving a public figure was libeled could be overturned. If this happens, the door will be open to lawsuits aimed at crushing press criticism of the government.