Justice Gorsuch’s Legal Philosophy Has a Precedent Problem
How should a textualist deal with bad case law?
The Battle For The Constitution
A special project on the constitutional debates in American life, in partnership with the National Constitution Center
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SCOTUS Doesn’t Trust Congress—And That’s a Problem for American Government
The past decade has witnessed a dangerous trend: a judicial branch that expresses deep suspicion of the legislative branch’s competence and motives.
The United States Needs a Third Reconstruction
Whatever its shape, the era ahead must rekindle the aspiration of a nation molded in the ideal of perfect equality.
The 14th Amendment Was Meant to Be a Protection Against State Violence
The Supreme Court has betrayed the promise of equal citizenship by allowing police to arrest and kill Americans at will.
The Court Got the Trump Subpoena Cases Exactly Backward
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Nonmembers who flout tribal stay-at-home orders could pose an existential threat to tribal communities.
The Constitution Doesn’t Work Without Local News
American democracy requires informed citizens. But in many places, the industry responsible is withering before our eyes.
Progressives’ Supreme Court Victories Will Be Fleeting
The groundwork is now in place for major conservative wins in the years ahead.
The Traditional Interpretation of the Pardon Power Is Wrong
Properly understood, the commutation of Roger Stone’s sentence is unconstitutional.
John Roberts Is Just Who the Supreme Court Needed
The chief justice has worked to persuade his colleagues to put institutional legitimacy above partisanship.