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judiciary



  • Our Undemocratic Constitution

    by Julie C. Suk

    "We should not misconstrue the success of the midcentury Court: the few bright moments of inclusive constitutionalism, from Brown to Roe, did not make our Constitution inclusive and democratic."



  • Amy Coney Barrett’s Philosophy Has Far Worse Roots Than Most Americans Know

    by Simon Gilhooley

    At the core of originalism is a fundamentally conservative effort to limit the possibilities of our constitutional order to the imagination of historical figures from the 18th century, which included racial hierarchy and support for chattel slavery.



  • How the Republican Party Took Over the Supreme Court

    by John Fabian Witt

    We are now at least one decade into a nearly unprecedented experiment in partisan judging at the highest court in the land. Our legal and political systems have barely begun to process what that means.
 


  • William Barr Needs a History Lesson

    by Derek Litvak

    When conservatives claim birthright citizenship is not a part of the Constitution, they are ignoring America’s long history of slavery, discrimination, and segregation. 



  • Would Trump Consider a Court-Packing Scheme?

    by Jeff Shesol

    McConnell’s strategy of shutting down the judicial-appointments process during Barack Obama’s last two years in office gave Trump, at the time of his Inauguration, a hundred and three vacancies to fill—more than twice as many as Obama had in 2009.