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Title page to Ida B. Wells's book about lynching.

Is It Legal?

Deferring to power and authority leads inevitably to autocracy.
Spectators and witnesses at the trial for a case involving an automobile accident, Oxford, North Carolina, 1939.

A ‘Wary Faith’ in the Courts

A groundbreaking new book demonstrates that even during the days of slavery, African Americans knew a lot more about legal principles than has been imagined.
Lithograph depicting Margert Garner standing over the body of her dead daughter, to the shock of slave catchers.
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Discarding Legal Precedent to Control Women's Reproductive Rights is Rooted in Colonial Slavery

Supreme Court Justice Samuel Alito made reference to the legal opinions of English jurist Henry de Bracton, foreshadowing the court overturning Roe v. Wade.

Inventing Freedom

Using manumission to disentangle blackness and enslavement in Cuba, Louisiana, and Virginia.
Chidren playing in a playground.

Children and Childhood

How changing gender norms and conceptions of childhood shaped modern child custody laws.
Declaration of Independence marked up with red marker.

Here Are the Declaration of Independence’s Grievances Against King George III. Many Apply to Trump.

It’s uncanny.
Chief Justices of the Supreme Court attend President Donald Trump’s address to a joint session of Congress at the US Capitol on March 4, 2025, in Washington, DC.

The Courts Won’t Save Us

Rather than resisting authoritarianism, the courts have enabled Trump’s rise.

From Chinese Exclusion to Pro-Palestinian Activism: The History of Politically Motivated Deportation

Removal orders targeting student activists echo America’s long past of jailing and expelling immigrants because of their race, or what they say or believe.
Justice John Roberts.

The Supreme Court Could Take Another Shot at Voting Rights

If the justices take up a case on Virginia’s felon disenfranchisement law, they’ll be burrowing back to Reconstruction-era jurisprudence.
Run on a bank during the Great Depression.

The Radical Past and Future of Debt Resistance

The deep roots of debt relief activism in the United States.
A judge's gavel and the Capitol building, edited to look like the top of the Capitol is the other side of the gavel.

America Has Too Many Laws

An excess of restrictions has taken a very real toll on the lives of everyday Americans. Their stories must be told.
Illustration of John Roberts, with face obscured by half of the presidential seal.

The Supreme Court Fools Itself

The Roberts Court has made the current crisis of American democracy perpetual.
A homeless man eating a meal in a park.

Good Deeds Unpunished

American law should protect the right of individuals to engage in charitable acts.
Donald Trump walking onstage, next to four American flags.

‘The Dred Scott of Our Time’

The Supreme Court has invested the presidency with quasi-monarchial powers, repudiating the foundational principle of the rule of law.
Chief Justice John Roberts at the State of the Union on March 7.

The Supreme Court Turns the President Into a King

The conservative justices have ignored history altogether and created a shocking new precedent: The president is above the law.
"The President's House" (The White House), in the nineteenth century, print by Isidore Laurent Deroy after Augustus Kollner, 1848.

Can the Republic Survive Corrupt Presidents?

The Founders knew that executive power was vital but dangerous in any republic.
Scale with hundred-dollar bills weighing down one side.

Markets and the Law

Neoliberalism isn’t just a set of economic precepts—it’s also an architecture of laws passed to reinforce those precepts. Those laws must be changed.
Sections of the US Constitution torn to be used as pennants.

Is the United States Too Devoted to the Constitution?

A new book argues that worship of the Constitution has distorted our politics.
President Bill Clinton with then-Sen. Biden on Sept. 13, 1994, during a signing ceremony for the crime bill on the South Lawn of the White House.

The Biggest Myth About the 1994 Crime Bill Still Haunts Joe Biden. It Shouldn’t.

The law is routinely blamed for a very real problem it had nothing to do with.
Aziz Rana.

Aziz Rana Wants Us to Stop Worshipping the Constitution

A conversation with the legal scholar on why it is unusual that the Constitution is core to American national identity.
Collage of photographs of U.S. Border Patrol.

The Racist Origins of America’s Broken Immigration System

How a little-known, century-old law perpetuated the odious notion that certain types of immigrants degrade our nation’s character.
Side-by-side photographs of Frederick Douglass and William Lloyd Garrison.

On Garrison, Douglass, and American Colonialism

Examining how William Lloyd Garrison and Frederick Douglass interpreted the nation's relationship with the Constitution.
Starbucks workers on strike.

The Paradox of the American Labor Movement

It’s a great time to be in a union—but a terrible time to try to start a new one.
Nixon signing the 26th amendment.
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America’s Age-Based Laws Are Archaic

Our age-based laws have never made sense. With modern science, they make even less sense.
The First Women’s Rights Convention, Seneca Falls, 1848.

What American Divorces Tell Us About American Marriages

On the inseparable histories of matrimony and disunion in the United States.
Demonstrators show support for Palestine.

How the ADL’s Anti-Palestinian Advocacy Helped Shape U.S. Terror Laws

Long before 9/11, Zionist groups like the Anti-Defamation League lobbied for counterterror legislation that singled out Palestinians.
The State Capitol building in Richmond, Va.
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Debt Has Long Been a Tool for Limiting Black Freedom

In pre-Civil War Richmond, Black people were forced to literally pay for the mechanisms of white supremacy.
William Howard Taft, with the Supreme Court building under construction in the background.

The Architect of Our Divided Supreme Court

100 years ago, Chief Justice William Howard Taft made the Court more efficient and more powerful, marking a turning point whose effects are still being felt.
Lincoln being sworn in by Chief Justice Taney.

We Are Already Defying the Supreme Court

The risks of calling on politicians to push back against the court must be weighed against the present reality of a malign judicial dictatorship.
A newspaper photograph of a man kneeling beside H. Lawrence Nelson's gravestone, which reads "Dec 16, 1880 - Sept 25, 1906, murdered and robbed by Hamp Kendall and John Vickers."

A Murderous Gravestone Grudge Carved a New Law Into Stone

When murder won’t rest in peace.

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