Constitutional law professors Garrett Epps and Peter Shane dissect Justice Brett Kavanaugh’s recent opinion justifying the continuation of racially-motivated ICE raids in Los Angeles.
SCOTUS
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
Is the Supreme Court Standing Up to Trump?
The answer is complicated, but Chief Justice John Roberts may be treading a fine line between institutionalism and cowardice.
Posted inLaw and Justice
Three Justices and a Fatal Mistake
Lewis Powell, Harry Blackmun, and John Paul Stevens allowed the death penalty to return. Then they disavowed it.
Posted inPolitics
It’s a Good Thing Democrats Didn’t Pack the Courts
Without an independent judiciary, the Constitution would be no match for Donald Trump’s authoritarian impulses.
Posted inMagazine
Reconstruct the Administrative State
This article is from a cover package of essays entitled Ten New Ideas for the Democratic Party to Help the Working Class, and Itself. Find the full series here. The impending return of aggressive right-wing presidentialism under Donald Trump is likely to take on a dangerous double character. On one side, those parts of the administrative state […]
Posted inFeatured, Political Animal
Trump’s Illness and the Fight Over Coney Barrett
A strategy of delay, not whining, stands the best chance of killing the nomination
Posted inPolitical Animal
The Supreme Court Will Let Us See Trump’s Taxes, Just Not Before We Vote
The roosters have not quite made it all the way home to roost, but they’re definitely on their way.
Posted inPolitical Animal
Sorry, Your Honor, Ending “Faithless Electors” Isn’t Your Decision to Make
Two upcoming Supreme Court decisions will decide whether members of the Electoral College have discretion.
Posted inPolitical Animal
Wisconsin Will Hold the Most Illegitimate Elections in Modern History
The GOP will go to any length to win, even if it destroys the bench’s impartial reputation.
