In the Slaughter case, the Court ignored the Founders, discarded precedent, and handed the president vast new powers.
Elena Kagan
Posted inLaw and Justice
The Plot to Destroy the Voting Rights Act
The Supreme Court’s ruling eviscerating Section 2 of the landmark law is only part of its project.
Posted inLaw and Justice
Chiles v. Salazar: A New Frontier of Speech
In its 8–1 ruling on Colorado’s conversion therapy ban, the Supreme Court recast mental health care as protected expression.
Posted inLaw and Justice
The Shadow Knows
The Supreme Court’s shadow docket has become Trump’s secret weapon—anonymous, unexplained rulings that bypass normal procedures to hand the president victory after victory.
Posted inLaw and Justice
Alito’s Same-Sex Wedding Panic Threatens LGBTQ Rights
His opinion for the Supreme Court Majority in Mahmoud v. Taylor, a case involving parents opting out of a children’s book about a same-sex wedding, has big implications.
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 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 Republicans Are Coming After Biden’s Student Debt Relief Plan
Yesterday, the first legal challenge was filed to kill the measure, but the administration is on solid legal ground.
Posted inLaw and Justice
The Supreme Court’s Looming Threat to First Amendment Law
For almost 60 years, the press has had the protection of New York Times Co. v. Sullivan, but it probably won’t be much longer before the Supreme Court considers challenges to the landmark case.
Posted inLaw and Justice
On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable
Their end-of-term decisions on greenhouse gas regulation and migrants from Mexico could have been worse, but the conservative justices are still pushing the Court rightward.
