Supreme Court

  • "Independent State Legislature" Legal Theory Based in Fake History

    Charles Pinckney's ideas for the Constitution were rejected by the framers. Years later, he produced fake documents to aggrandize his own role at the convention. Right-wing legal activists have used them to argue that state legislatures can decide election results however they want. 

  • Alito's Battle Against Secular Society is Just Getting Started

    "Some baby boomers were permanently shaped by their participation in the countercultural protests and the antiwar activism of the nineteen-sixties and seventies. Others were shaped by their aversion to those movements. Justice Samuel Alito belongs to the latter category."

  • What Justice Kavanaugh Gets Wrong About the Court and Politics

    by William E. Nelson

    At the founding, the idea that the law was distinct from politics had not yet emerged. Since then, courts have often intervened in political matters, and doing so often prevented worse outcomes. 

  • The NRA's Amicus Brief Machine

    Lax disclosure rules about who funds the groups filing amicus briefs means that the NRA has been able to use its wealth to flood the courts with briefs that exaggerate the strength of its radical pro-gun positions, says historian Patrick J. Charles. 

  • What Happens When SCOTUS is This Unpopular?

    It's not unprecedented for Justices to shift their positions when confronted with public outrage, but five of the current members of the court have explicitly declared their indifference to public outcry, and understand there's little to constrain their future decisions. 

  • Church-State Separation is Alien to Many Americans' Faith

    by Caleb Gayle

    The "classical" Christian curriculum pushes a historical vision that America was conceived by God as a beacon of righteousness, and that Christian duty is to eliminate secularism and religious pluralism. 

  • Corey Robin on the Enigma of Clarence Thomas

    The political scientist's 2019 biography of the Justice comes in for new attention with Thomas's controversial judicial opinions (and the alleged actions of his wife on January 6). 

  • SCOTUS Hasn't Always Been the Final Arbiter; Liberals Should Stop Thinking it Is

    by Joseph Fishkin and William E. Forbath

    "Liberals drew the wrong lessons from the mid-20th century federal judiciary’s fleeting embrace of social reform, and forgot that over the long arc of U.S. history, the minority rights the court has most consistently safeguarded have been those of the wealthy and powerful, the corporate, landed and enslaver elites."