It’s been a settled law since the 19th Century that you’re American if you’re born here. But one jurist, and perhaps others, seems ready to dump the 14th Amendment for a MAGA power grab.
Clarence Thomas
Posted inLaw and Justice
The Chaos of the Supreme Court’s Last Term—and What May Be Coming This Time
The Chaos of the Supreme Court’s Last Term—and What May Be Coming This Time. With their new term starting October 7, the nine justices face roiling legal waters and the bench’s profound dysfunction. A deep dive into an institution that is “not well.”
Posted inLaw and Justice
The Empirical Case for Supreme Court Term Limits
The Empirical Case for Supreme Court Term Limits. After much anticipation, President Biden has announced his support for term limits. We’ve studied the issue carefully and believe it can go a long way toward improving the Court.
Posted inLaw and Justice
Chief Justice Roberts’s Rule of Disorder: Where the Trump Legal Cases Stand
Where the Trump Legal Cases Stand. The efforts to hold the felonious ex-president criminally accountable are stalled and even the New York State felony convictions are unlikely to lead to sentencing, but it’s not entirely over.
Posted inLaw and Justice
Jamie Raskin’s Battleplan for Liberals in the War Over the Constitution
Jamie Raskin’s Battleplan for Liberals in the War Over the Constitution and the Courts. The Democratic Congressman has an originalist vision that is more persuasive than the legally spurious one the Right offers.
Posted inLaw and Justice
The Supreme Court Keeps Misfiring on Guns
The Supreme Court Keeps Misfiring on Guns. In its Rahimi opinion, the Court listened to our brief as historians and upheld restrictions on domestic abusers. But it was only a tiny victory because, when it comes to firearms, the justices continue to legislate from the bench.
Posted inPolitics
Another Biden Accomplishment: 200 Judges and Counting
The president is undoing Trump’s judiciary takeover one nomination at a time, and it won’t be easy to roll back his gains should there be a MAGA restoration.
Posted inLaw and Justice
Abortion and the Comstock “Chastity” Law Time Bomb
The 19th-century law banning materials “producing abortion” is still on the books and is a ready tool for anti-choice forces. But there are legal arguments that can defuse it.
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
How to Fix the Supreme Court
The time has come to connect popular anger over the conservative supermajority with concrete ideas for reform.
