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Fred Schilling, Supreme Court of the United States; … When Dissent Is All There Is
Justice Ruth Bader Ginsburg’s career offers a lesson for today’s Supreme Court.
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Getty; The Atlantic Why Judges Let Monopolists Off the Hook
When violations of the law are hard to punish, authorities will usually give them a pass.
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Drew Angerer / Getty Kamala Harris Might Have to Stop the Steal
Constitutional scholars are already worrying about another January 6 crisis, and they warn that the next election might be harder to save.
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Getty; The Atlantic The Framers Would Have Wanted Us to Change the Constitution
They would have been clear-eyed about the role of the Court and the dangers of too much fidelity to their original designs.
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Getty / The Atlantic The Messy Post-Roe Legal Future Awaiting America
There’s no clean end to this story.
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Getty ; The Atlantic The Justices Are Telling Us What They Think About Roe v. Wade
A majority on the Supreme Court appears ready to strike down the landmark decision—but they’re not prepared for the ensuing havoc.
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Getty; The Atlantic The Court’s Voting-Rights Decision Was Worse Than People Think
The conservative majority’s opinion has declared that voter fraud, not racial discrimination, is a threat to the American system of representation.
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Illustration by Valerie Chiang; Andrew Harnik-Pool / Getty; … How Democrats Lost the Courts
Justice Stephen Breyer hasn’t retired yet. But filling Supreme Court seats is just one battle in a war over the judiciary—one that progressives worry they’re losing.
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Adam Maida / The Atlantic The Next Major Challenge to the Affordable Care Act
The law’s opponents have a good chance of winning their next showdown, though it won’t threaten the law as a whole.
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GABRIELLA DEMCZUK / The New York Times / … Justice Breyer’s Legacy-Defining Decision
The longer Breyer remains, the more likely a Republican president choosing his successor becomes.
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Illustration by Oliver Munday; images from Chip Somodevilla; … Is Brett Kavanaugh Out for Revenge?
Three years after his polarizing confirmation hearings, the Supreme Court’s 114th justice remains a mystery.
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David Arky / Glowimages / Getty / The … The Two Memos With Enormous Constitutional Consequences
What’s astonishing is that presidential criminal immunity has no grounding in actual law. It’s not in the Constitution or any federal statute, regulation, or judicial decision. It is not law at all.
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Sarah Silbiger / The New York Times The Second-Class Treatment of U.S. Territories Is Un-American
We deserve nothing less than the full rights of citizenship, including the right to vote.
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Bettmann / Getty America’s Legalistic Culture Is About to Become a Problem
The vaccine rollout will create new clashes between conflicting rights.
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Dan Budnik / Contact Press Images; Flip Schulke … American Democracy Is Only 55 Years Old—And Hanging by a Thread
Black civil-rights activists—and especially Black women—delivered on the promise of the Founding. Their victories are in peril.
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The Atlantic What If We Wrote the Constitution Today?
Proposals from libertarian, conservative, and progressive scholars displayed a few striking differences—but also some profound similarities.
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Universal Images Group / Getty / The Atlantic There Aren’t Serious-Enough Consequences for Those Trying to Break American Democracy
What the president and his lawyers have been attempting to do deserves punishment that will likely never come.
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Susan Walsh / AP The Amy Coney Barrett Hail-Mary Touchdown
Republicans understand that Barrett’s confirmation is coming just a week before a potential electoral “bloodbath.” They don’t care.
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Erin Schaff / The New York Times / … How the Senate Stopped Pretending
Senators grapple with the reality that they have destroyed their own house.
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Shutterstock / The Atlantic How Conservatives Really Feel About Amy Coney Barrett
Even Trump-skeptical Republicans are relishing the prospect of a 6–3 Court.
