Tag Archives: SCOTUS
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David L. Sloss
In People v. The Court, I argue that American democracy is broken and that the Supreme Court’s constitutional doctrine is a key factor contributing to democratic decay. The book charts a path for revolutionary changes in constitutional law that could help repair our broken democracy. The Supreme Court has developed a set of constitutional doctrines […]
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Jacob Eisler
As democracy across the globe faces new stresses and dramatic challenges, the power of the judiciary to reshape electoral procedure is increasingly important. Yet underlying any judicial intervention – for good or for ill – in how people rule themselves is a threshold question: why does the judiciary have authority over the essence of democracy […]
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Wendy E. Parmet
More than three years after the start of the COVID-19 pandemic, the United States is an unhealthy country. During the pandemic, the United States lost more people per capita to COVID-19 than any other high-income country and life expectancy, which was lower in the United States before the pandemic than in any other wealth country, […]
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H. Jefferson Powell
The Supreme Court in Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade, the 1973 case recognizing a right to an abortion, and the 1992 Casey decision that reaffirmed Roe. From any human perspective, Dobbs was momentous, but the meaning of a major constitutional law decision reaches beyond its immediate subject. Dobbs thus demands […]
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Simon J. Gilhooley
The emergence of a vacancy on the U.S. Supreme Court just a few weeks before the general election, and the hasty efforts to fill that seat with Judge Amy Coney Barrett, has made constitutional interpretation a live political issue once again. Opinion pieces and pundits are arguing back and forth over the legitimacy of “originalism,” […]
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Christopher D. Johnston, Brandon L. Bartels
The Republicans’ rush to appoint Judge Amy Coney Barrett before the presidential election is yet another example of polarized politicians and citizens fighting over an increasingly polarized Supreme Court. Even before Justice Ginsburg’s death, the Court had all the makings of unprecedented polarization: lots of conservative rulings with fractious (5-4) opinions. American conservatives have reveled […]
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David M. Dorsen
David M. Dorsen, author of The Unexpected Scalia: A Conservative Justice's Liberal Opinions (2017), remembers the late Justice Antonin Scalia (1936-2016).
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Frank S. Ravitch
As we approach the 2016 election most of the attention has focused on the Presidential race. Yet, Congressional and state contests could have a huge impact on the future of religious freedom and sexual freedom. In Freedom’s Edge: Religious Freedom, Sexual Freedom, and the Future of America (2016), I argue that religious freedom, LGBT rights, […]
Read More
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David L. Sloss
In People v. The Court, I argue that American democracy is broken and that the Supreme Court’s constitutional doctrine is a key factor contributing to democratic decay. The book charts a path for revolutionary changes in constitutional law that could help repair our broken democracy. The Supreme Court has developed a set of constitutional doctrines […]
Read More
-
Jacob Eisler
As democracy across the globe faces new stresses and dramatic challenges, the power of the judiciary to reshape electoral procedure is increasingly important. Yet underlying any judicial intervention – for good or for ill – in how people rule themselves is a threshold question: why does the judiciary have authority over the essence of democracy […]
Read More
-
Wendy E. Parmet
More than three years after the start of the COVID-19 pandemic, the United States is an unhealthy country. During the pandemic, the United States lost more people per capita to COVID-19 than any other high-income country and life expectancy, which was lower in the United States before the pandemic than in any other wealth country, […]
Read More
-
H. Jefferson Powell
The Supreme Court in Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade, the 1973 case recognizing a right to an abortion, and the 1992 Casey decision that reaffirmed Roe. From any human perspective, Dobbs was momentous, but the meaning of a major constitutional law decision reaches beyond its immediate subject. Dobbs thus demands […]
Read More
-
Simon J. Gilhooley
The emergence of a vacancy on the U.S. Supreme Court just a few weeks before the general election, and the hasty efforts to fill that seat with Judge Amy Coney Barrett, has made constitutional interpretation a live political issue once again. Opinion pieces and pundits are arguing back and forth over the legitimacy of “originalism,” […]
Read More
-
Christopher D. Johnston, Brandon L. Bartels
The Republicans’ rush to appoint Judge Amy Coney Barrett before the presidential election is yet another example of polarized politicians and citizens fighting over an increasingly polarized Supreme Court. Even before Justice Ginsburg’s death, the Court had all the makings of unprecedented polarization: lots of conservative rulings with fractious (5-4) opinions. American conservatives have reveled […]
Read More
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David M. Dorsen
David M. Dorsen, author of The Unexpected...
Read More
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Frank S. Ravitch
As we approach the 2016 election most of the attention has focused on the Presidential race. Yet, Congressional and state contests could have a huge impact on the future of religious freedom and sexual freedom. In Freedom’s Edge: Religious Freedom, Sexual Freedom, and the Future of America (2016), I argue that religious freedom, LGBT rights, […]
Read More
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