The Power of Dependency in Women's Legal Petitions in Revolutionary America (Excerpt)
by Jacqueline Beatty
It's anachronistic thinking to ask whether the American revolution improved women's status; a legal historian's new book seeks to understand change and continuity in women's status through those women's own worldview, which often involved leveraging their dependent status in specific claims.
SOURCE: The New Republic
Liberal SCOTUS Judges are Calling Out the Court's Crisis of Legitimacy. Why Aren't Dem Politicians?
by Simon Lazarus
A Washington legal veteran argues that the judicial branch has always been political. The liberal ideal of a branch separate from partisan concerns is a historical oddity that the conservative legal movement has rejected in substance; legal liberals must do the same.
SOURCE: The New Yorker
Legal Historian Jed Shugerman: Yes, Trump's NY Indictment is a Legal Embarrasment
Isaac Chotiner interviews the law professor and digs deeper into his skepticism of the state charges against Donald Trump.
Did Dobbs Return Abortion to the States and the People? LOL
by Leah Litman
The conservative legal movement has no intention of subjecting abortion to democratic processes.
It's Not Clear if Winning in 2024 Could Shield Trump from a Conviction
by Olivia B. Waxman
The lack of clear precedent about the relationship between the federal and state law enforcement systems and the timing of Trump's indictment and potential trial mean that the election will be ensnared in a potential constitutional crisis.
The History of State Interposition Shows Federalism is a Deliberative Process, not a Set of Rules
by Christian G. Fritz
The efforts of state legislatures to oppose federal law have been varied. In sum, they show that the Supreme Court cannot dictate the distribution of power under federalism; Americans will have to keep figuring it out as we go, through political deliberation.
Texas's Abortion Ban Can Never be Made Humane
by Mary Ziegler
When abortion access depends on establishing that a pregnant woman deserves an exception to a ban, the law will inevitably prevent doctors from serving patients with problem pregnancies.
SOURCE: New York Times
Citing Slavery-Era Property Law, VA Judge Rules Embryos are Property
A bioethicist argued that the judge could have resolved a property dispute without reference to chattel slavery, and that invoking the statue was offensive.
We Don't Need to Pretend Clarence Thomas Can Read the Founders' Minds
by Heidi Li Feldman and Dahlia Lithwick
The approach to "original intent" laid out in recent gun control rulings imagines the founders as capable only of the most cramped and limited understanding of the function of law in a society, argue a legal scholar and veteran court reporter.
SOURCE: Yale Law School
Legal Historian Reva Siegel on Dobbs
Legal historians have argued that the equal protection provisions of the 14th Amendment offer a more solid rationale for reproductive rights than the now-defunct right to privacy, though the court's majority has expressed skepticism while not directly ruling on the question.
SOURCE: Made By History at the Washington Post
A Warning from Weimar: The Danger of Courts Hostile to Democracy
by Samuel Huneke
Far from being guardrails for democracy, Weimar courts were implacably hostile to it, and paved the way for its overthrow by leniency toward right-wing political violence.
SOURCE: Boston Review
When Abortion is Criminalized, Can Juries Nullify the Law?
by Sonali Chakravarti
Inevitably, a health care provider will be prosecuted under one of the post-Dobbs abortion laws passed by the states. When this happens, will juries be informed by their predecessors who refused to convict defendants charged under the Fugitive Slave Act?
Originalism is Doomed to Failure. Will it Destroy Democracy First?
by Richard Striner
Textualism as a theory of judicial interpretation arose as a semantic game among academics, but has been put to brutal use by the Federalist Society to undermine the democracy that most 21st century Americans enjoy.
SOURCE: Black Perspectives
How Pauli Murray Masterminded Brown v. Board of Education
by Tejai Beulah Howard
Overcoming marginalization by male classmates, Pauli Murray made a bet with a professor that segregation could be challenged by arguing that separate was inherently unequal. Murray collected on the bet only after the 1954 ruling validated the argument, but was long denied credit.
Does Marital Status Discrimination Hold the Key to Protecting Sexual Freedoms from SCOTUS?
by Marc Stein
As concern rises that the court might revoke the rights to same-sex marriage and contraception while reinstating the criminalization of gay sex, advocates for reproductive and sexual freedom need to consider how to make the equal protection argument that rights individuals enjoy in marriage can't be denied to individuals outside of them.
Economics is Power, not Math: Why the Dems Should Attack Monopoly
by Barry C. Lynn
Until the Reagan Revolution, American politics reflected the understanding that concentrated economic power was corrosive to democracy. Today, the Democrats need to revive that story as a political argument.
SOURCE: The New Republic
The New Wave of Court Activism Revives Interest in Felix Frankfurter, a Hands-Off Justice
by John Fabian Witt
Historian and legal scholar Brad Snyder's new biography shows Justice Frankfurter's concern for courts moving too far away from the decisions of elected legislators echoed in today's battles over abortion, guns and religion—by both sides.
SOURCE: Michael Smith's Law Blog
Choosing History—A Rejoinder to William Baude on The Use of History at SCOTUS
by Michael Smith
The problem with the historical arguments in this term's SCOTUS decisions is that the court isn't "using" history but "choosing" it—deciding whether or not historical examples map onto present beliefs about the legitimacy of rights or regulations.
SOURCE: Washington Post
Law Prof: If Recent SCOTUS Decisions Relied on Bad History, Opponents Need to Come Up with a Better Version
William Baude of the University of Chicago argues that if historical arguments have been used selectively in recent cases, it opens the door for dissenting justices to propose more compelling narratives about the constitutional basis of rights.
Who's Afraid of Critical Race Theory?
by Wallace Hettle
An introduction to the core ideas of the Critical Race Theory movement and its founding thinkers suggests the right today isn't mad about ideas, but wants a new and scary-sounding term to justify their ongoing opposition to racial equality.
- The Debt Ceiling Law is now a Tool of Partisan Political Power; Abolish It
- Amitai Etzioni, Theorist of Communitarianism, Dies at 94
- Kagan, Sotomayor Join SCOTUS Cons in Sticking it to Unions
- New Evidence: Rehnquist Pretty Much OK with Plessy v. Ferguson
- Ohio Unions Link Academic Freedom and the Freedom to Strike
- First Round of Obama Administration Oral Histories Focus on Political Fault Lines and Policy Tradeoffs
- The Tulsa Race Massacre was an Attack on Black People; Rebuilding Policies were an Attack on Black Wealth
- British Universities are Researching Ties to Slavery. Conservative Alumni Say "Enough"
- Martha Hodes Reconstructs Her Memory of a 1970 Hijacking
- Jeremi Suri: Texas Higher Ed Conflict "Doesn't Have to Be This Way"
- New transcript of Ayn Rand at West Point in 1974 shows she claimed “savage" Indians had no right to live here just because they were born here
- The Mexican War Suggests Ukraine May End Up Conceding Crimea. World War I Suggests the Price May Be Tragic if it Doesn't
- The Vietnam War Crimes You Never Heard Of