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Erik Carter / The Atlantic There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory
Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution.
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Erik Carter / The Atlantic; Getty The Andy Warhol Case That Could Wreck American Art
Without strong fair-use protections, a culture can’t thrive.
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Drew Angerer / Getty The Constitutional Case Against a Federal Abortion Ban
Plus: A proposal for rethinking early-childhood education on gender
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Craig Ruttle / Redux Old Anti-abortion Laws Are Taking on Unintended Meanings
Even where the words remain the same, a shifting political culture has changed the impact of suddenly revived statutes.
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Photo-illustration by Mark Harris. Sources: Alabama Secretary of … John Roberts’s Long Game
Is this the end of the Voting Rights Act?
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Getty; The Atlantic The Last Truly Great Day for Women in American Law
I remember thinking it was exceptional. In retrospect, it’s heartbreaking.
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Getty; The Atlantic Even the Founders Didn’t Believe in Originalism
To follow the Framers’ ideas about the Constitution means abandoning their understanding of it.
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Tyler Comrie/The Atlantic; Alamy The Constitutional Flaw That’s Killing American Democracy
The Constitution doesn’t have to be something we merely inherit; it could be something we can change ourselves—starting with rewriting the too-stringent rules for making such changes.
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Ben Hickey The Court’s Liberals Still Have Power
And they should use it.
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Illustration by Oliver Munday. Source: Photoquest / Getty. ‘The Greatest Talker of His Time’
Felix Frankfurter was an eloquent liberal champion of judicial restraint. Is it time for a reappraisal?
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Dagli Orti / Getty; Joanne Imperio / The … The American Faith I Was Raised In
Growing up in the Bible Belt, I was taught that Church and state should never have been separate.
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The Atlantic; THEPALMER / Getty Republicans’ Cowardly Excuses for Not Protecting Marriage Equality
There is absolutely no reason to believe that fundamental rights of same-sex couples are safe.
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Paul Spella / The Atlantic; Getty How Six States Could Overturn the 2024 Election
The Supreme Court may let state legislatures decide the presidency.
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John J Custer The Supreme Court Is Making America Ungovernable
The West Virginia v. EPA ruling signals a future in which no one in power has the ability to tackle the biggest issues society faces.
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Getty; The Atlantic A Court Without Precedent
The judiciary is supposed to be informed by historical memory, and guided by more than its members’ whims.
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Brooks Kraft / Getty; Mark Wilson / Getty; … Is Democracy Constitutional?
In Moore v. Harper the Supreme Court will decide if anyone besides itself should be able to adjudicate American election law.
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GraphicaArtis / Getty; The Atlantic This Court Has Revealed Conservative Originalism to Be a Hollow Shell
The Supreme Court’s right-wing justices claim to be originalists, but then they pick and choose the history that fits their ideological preferences.
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The Atlantic; Getty The Supreme Court’s Extreme Power Grab
In West Virginia v. EPA, the conservative justices acted like they were handing power to the people, but in reality they were giving it to themselves.
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Adam Maida / The Atlantic The Supreme Court Has Ushered In a New Era of Religion at School
For two centuries, America had kept questions of church and state at bay. The country is not ready for the ones to come.
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Getty; The Atlantic Mother Nature Dissents
From Texas to California, voters are enduring rude wake-up calls about the future of our country.
