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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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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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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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Paul M. Collins, Jr. & Matthew Eshbaugh-Soha, authors of "The President and the Supreme Court" on Donald Trump's tweets.
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Far from being unusual, the hurried and partisan Supreme Court confirmation process for Brett Kavanaugh mirrors several notable examples of similarly politicized confirmations in U.S. history. Those conflicts, which ultimately placed justices on the court, yielded some of the most damaging civil rights decisions in our nation’s history. Unlike any other branch of government, Supreme Court justices do not […]
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Joseph A. Seiner, author of The Supreme Court's New Workplace, on the procedural rulings of the highest in the land and how it affects workplace harassment claims in the US.
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Kathryn M. Stanchi, co-editor of Feminist Judgments: Rewritten Opinions of the United States Supreme Court (2016), reflects on the passing of Phyllis Schlafly and the history of the Equal Rights Amendment.
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With immigration at the forefront of this year’s US Presidential Election, and a decision from the Supreme Court on United States v. Texas expected at the end of June, we asked some of our authors to reflect on the ongoing debates over the future of immigration law and policy in the United States. This is […]
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