Roberts Slays Trump’s Ludicrous Birthright Citizenship Order. While Thomas tries to justify caste, Jackson makes it clear the post-Civil War Amendments were “not a mere spot treatment for the dark stain of slavery.”
Antonin Scalia
Posted inLaw and Justice
The Roberts Court at 20
John Roberts, the “institutionalist” chief justice, has given the president kingly powers, overturned a Reagan-era regulation doctrine, and issued two decades of wrecking ball opinions. It’s only going to get worse.
Posted inLaw and Justice
As the Supreme Court Reconsiders “Chevron Deference,” Will Its Ruling Be Monumental or “Meh”?
Last month, the Supreme Court heard two cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—each widely anticipated because the Court’s ruling on them could significantly reshape the federal judiciary’s relationship to the federal administrative bureaucracy. The issue in both is whether the Court should overrule, or at least narrow, a 40-year-old […]
Posted inLaw and Justice
The Conservative Justices and the “Major Questions” Hustle
Conservative jurists demand “textualism” to get what they want, except when a statute’s words thwart their desired goal. But by using a new trick, they break their own rules. That’s how they blew up the EPA’s Clean Power Rule and may soon eviscerate Biden’s student loan relief.
Posted inLaw and Justice
A Rare Inside Look at Our Corrupt Supreme Court
Rob Schenck, the evangelical pastor turned spymaster, has unearthed how the high court really works and highlights the need for Congress and the public to rein in the rogue justices.
Posted inMagazine
The Court’s Third Great Crisis
Twice before in history, the Supreme Court has allowed itself to become an arm of one political party, with catastrophic results. Only the voters can save us from the same fate today.
Posted inLaw and Justice
The Supreme Court’s Originalist Obsession Continues
The Court’s conservative majority is enthralled with originalism, but it’s really a license for Alito, Thomas, and others to trample abortion rights and unleash guns.
Posted inLaw and Justice
The Supreme Court and the Originalist Fallacy
As the Court’s conservative majority readies opinions on abortion and guns, they cling to the idea that we can know what the Founders meant. It’s not that simple.
Posted inLaw and Justice
The Supreme Court Will Consider Greenhouse Gas Emissions. Be Afraid.
A challenge to the EPA’s regulation gives the right wing an opportunity to limit Congress’s capacity to authorize regulatory programs.
Posted inProtecting the Vote
Another Scheme to Curtail Voting Rights
Get to know the “independent state legislature doctrine” which intrigues Justices Thomas, Alito, and Gorsuch.
