Trump might unleash a serious embarrassment for the Supreme Court’s self-professed originalists.
Read More »Thanks to Justice O’Connor for art of compromise
For nearly a quarter century, she was the definitive swing vote on a court that decided almost all major issues by a 5-4 vote.
Read More »Religious freedom isn’t a license to discriminate
A South Carolina foster-care agency has asked the Trump administration to rule that it has a constitutional right to discriminate against non-Protestant and gay parents under the religious-freedom guarantee of the First Amendment.
Read More »Supreme court term limits are still a good idea
Were vacancies more common, each would be less valuable, and there would be less reason to spend political and other capital fighting over them.
Read More »Elizabeth Warren and the death of genetic privacy
In theory, taking a DNA test to reveal your ancestry is optional. But it’s on its way to becoming obligatory.
Read More »GOP toasts to Kavanaugh are simply cruel
Political gloating is normal; mocking human suffering is not
Read More »Justices shake hands and go back to work
What was remarkable about Justice Brett Kavanaugh’s first day of public work at the U.S. Supreme Court was … that there was nothing remarkable about it.
Read More »Democrats won’t pack the court in 2021
We shouldn’t expect immediate Democratic action in 2021, even if the party has attained unified government
Read More »A political crisis, not a constitutional one
It would do violence to no constitutional values for a president to dismiss an aide who’s talked about removing him from office.
Read More »Democrats can’t stop Kavanaugh’s confirmation
No revelation about President Donald Trump, no matter how bad, can derail Kavanaugh.
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