Amy Coney Barrett

The History of 'Court Packing'

Historian Julian Zelizer discusses the history and fallout of FDR's 1937 plan to "pack" the court, and similarities and differences that might come into play in 2021. 

Reconsidering "Court Packing" as Restoring Governing Norms

by Greg Bailey

The Republicans' choice to push through Amy Coney Barrett's nomination with the backing of a minority of the country means a new Congress must consider corrective action in the name of justice and democracy.

Pack the Courts

by Larry Kramer

The former Dean of Stanford Law School argues "once cooperation breaks down, the only play to restore it is tit-for-tat. It’s the only way both sides can learn that neither side wins unless they cooperate."

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 Judicial Philosophy Doesn’t Hold Up to Scrutiny

by Angus King and Heather Cox Richardson

"To put it bluntly, the whole premise of originalism is nonsense in that it pretends to make the work of the Supreme Court look straightforward and mechanical, like 'calling balls and strikes,' in Justice John Roberts’s famous phase."

Burn it All Down: A Growing Number of Liberal Laywers Want More than Court Packing

Liberals in the legal profession and legal academia have begun to grapple with the idea that the courts serve power as much as justice, and norms of collegiality are part of the problem. Are they prepared to embrace a more confrontational and openly political idea of the law? 

Religious Identity And Supreme Court Justices – A Brief History

by Nomi Stolzenberg

In recent decades, religious influence on the Court has been shaped by conservatives of different faiths, construed as part of a mythical Judeo-Christian tradition, coalescing around a common agenda defined less by affiliation with a religious denomination than with opposition to liberalism and secularism.

The Framers of the Constitution Didn’t Worry about ‘Originalism’

by Jack Rakove

"Some of the key words and terms in our constitutional vocabulary were subject to pounding controversy and reconsideration. One has to engage these debates to understand how Americans were thinking about these issues at the time."

Does the "Divided Loyalty" Question Still Dog Catholic Politicians?

by D.G. Hart

Joe Biden will likely do what JFK and Al Smith did, namely, fit his faith into the norms of American politics.

Which Constitution is Amy Coney Barrett Talking About?

by Jamelle Bouie

The Times columnist argues that the original meaning of the Reconstruction Amendments establishes a constitutional vision of equality and civil rights that conservative originalists ignore. 

Coney Barrett’s Moment of Truth

by Garrett Epps

"At the center of this moral swamp is St. Amy, a person whose life gives many real evidences of high morals and deep faith and good works. Why would such a person lend herself to such a tawdry charade?"  

Sen. Sasse Gives an "Eighth-Grade Civics Lesson" at Supreme Court Hearing. It Got Panned

by Valerie Strauss

The Nebraska Senator, who holds a PhD in US history, spoke of governing norms above politics and got harsh criticism online. 

To Tame a Far-Right Supreme Court, Let’s Revive This Forgotten Proposal from 1922

by Leon Fink

Instead of court packing, a Democratic legislative majority should focus on reducing the absolute power of judicial review to check the undemocratic nature of the court's majority bloc. 

Amy Coney Barrett on Guns

by Jake Charles

A Second Amendment scholar examines the SCOTUS nominee's historical interpretation of prohibitions on individual firearm ownership, concluding that her record shows a commitment to gun rights but uncertainty about how she might rule on particular cases.

How SCOTUS Nominations Became All-Out War

by Robert L. Tsai

The rise of national parties, the use of the judiciary to advance policy goals, and the decision of Republican leadership to consolidate a narrow electoral base have made judicial nominations a partisan battle the Founders did not adequately anticipate, according to American U. Law professor Robert Tsai.

The Religious Hijacking of the Supreme Court Doesn’t Require Amy Barrett

Five of the court's current justices are already comfortable with a "free exercise supremacy" approach that casts the rights of the religious to mold society to their faith as superior to the rights of women, gays, and minorities to live with dignity.

Amy Coney Barrett, Good People, and Ideology

by Walter G. Moss

Barrett may have many fine personal qualities and virtues, but if she acts as a conservative ideological Christian, she could cause much harm to individuals (and our planet as a whole).

President Washington and the Character of the First Supreme Court

by Lindsay M. Chervinsky

The first Supreme Court was not the magisterial institution we know today. Both Congress and the executive branch saw its role in political terms, and its composition as subject to change to reflect the shifting needs of the nation. 

The Reckless Race to Confirm Amy Coney Barrett Justifies Court Packing

Legal scholars and analysts Quinta Jurecic and Susan Hennessey argue that the extreme rush to confirm Amy Coney Barrett before the election justifies a future Democratic attempt to expand the Supreme Court.

The Case to End the Supreme Court as We Know It

by Keeanga-Yamahtta Taylor

The Supreme Court has historically supported democratic and egalitarian change only when forced by social movements. People must stop looking to the power invested in the court and start looking for the power latent in themselves.