legal history — Bunk History

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The United States Supreme Court building.

‘Originalism’ Only Gives the Conservative Justices One Option On a Key Gun Case

Regulations limiting armed travel in public, particularly in populous areas, stretch back over seven centuries.

by Saul Cornell via Made by History on November 3, 2021

Texas Governor Greg Abbott signs state legislation on voting rights.

The Strange Career of Voting Rights in Texas

Republicans in Texas, and indeed around the country, remain hell-bent on going back to the future.

by Derek C. Catsam via The Activist History Review on October 20, 2021

Portrait of Steve Bannon with a serious expression

Executive Privilege Was Out of Control Even Before Steve Bannon Claimed It

A short history of a made-up constitutional doctrine that gives presidents too much power.

by Timothy Noah via The New Republic on October 18, 2021

The National Archive rotunda, Washington, D.C.

Why Americans Worship the Constitution

The veneration of the Constitution is directly connected to America’s emergence as global hegemon.

by Aziz Rana via Public Seminar on October 11, 2021

A woman on her knees wearing a cowboy hat with an anti-vaccination protest as the background

The Baffling Legal Standard Fueling Religious Objections to Vaccine Mandates

As anti-vax plaintiffs seek faith-based exemptions, the judicial system will renew its struggle to determine what beliefs are truly “sincerely held.”

by Charles McCrary via The New Republic on September 27, 2021

The illustration “Vaccinating the Poor,” by Solomon Eytinge Jr

The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates

In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.

by Joel Lau, Peter S. Canellos via Politico Magazine on September 8, 2021

The First Hague Conference in 1899: A meeting in the Orange Hall of Huis ten Bosch palace – collections of the Imperial War Museums.

Oh, the Humanity

Yale's John Fabian Witt pens a review of Samuel Moyn's new book, Humane.

by John Fabian Witt via Just Security on September 8, 2021

Picture of a computer.

The Internet Is Rotting

Too much has been lost already. The glue that holds humanity’s knowledge together is coming undone.

by Jonathan Zittrain via The Atlantic on June 30, 2021

Artistic photo of John Marshall

America’s ‘Great Chief Justice’ Was an Unrepentant Slaveholder

John Marshall not only owned people; he owned many of them, and aggressively bought them when he could.

by Paul Finkelman via The Atlantic on June 15, 2021

Bus station with 'colored waiting room' sign.

Plessy v. Ferguson at 125

One hundred and twenty five years after the Supreme Court’s decision in Plessy v. Ferguson, there are still lessons to be gleaned from the case.

by Kenneth Mack, Rachel Reed via Harvard Law Bulletin on May 19, 2021

Black students from West Charlotte High School leave the school bus

How White Americans’ Refusal to Accept Busing Has Kept Schools Segregated

The Supreme Court has refused to force White Americans to confront history.

by Matthew D. Lassiter via Made by History on April 20, 2021

Making the Supreme Court Safe for Democracy

Beyond packing schemes, we need to diminish the high court’s power.

by Samuel Moyn, Ryan D. Doerfler via The New Republic on October 13, 2020

Photograph of people lining up to hear arguments in Brown v. Board of Education.

The Case for Ending the Supreme Court as We Know It

The Supreme Court, the federal branch with the least public accountability, has historically sided with tradition over more expansive human rights visions.

by Keeanga-Yamahtta Taylor via The New Yorker on September 25, 2020

The Great Liberal Reckoning Has Begun

The death of Justice Ruth Bader Ginsburg concludes an era of faith in courts as partners in the fight for progress and equality.

by Alan Z. Rozenshtein via The Atlantic on September 22, 2020

“The Unrestricted Dumping-Ground” by Louis Dalrymple, published in Judge, Vol. 44-45 (1903).

A History of Ideological Exclusion and Deportation in the United States

On the passage and enforcement of laws to exclude or deport immigrants for their beliefs, and the people who challenged those laws.

by Julia Rose Kraut via Law & History Review on August 31, 2020

Racism on the Road

In 1963, after Sam Cooke was turned away from a hotel in Shreveport, Louisiana, because he was black, he wrote “A Change Is Gonna Come.” He was right.

by Sarah A. Seo via New York Review of Books on July 23, 2020

How to Make a Deadly Pandemic in Indian Country

From the 1918 Spanish flu to Covid-19, broken treaties have been the foundation of health crises among Native people.

by Nick Martin via The New Republic on July 22, 2020

Holes punched in the Constitution.

There’s No Historical Justification for One of the Most Dangerous Ideas in American Law

The Founders didn’t believe that broad delegations of legislative power violated the Constitution, but conservative originalists keep insisting otherwise.

by Julian Davis Mortenson, Nicholas Bagley via The Atlantic on May 26, 2020

The Long, Winding, and Painful Story of Asylum

An ancient concept, asylum has become just another political tool in the hands of our government.

by John B. Washington via The Nation on April 20, 2020

How the Republican Party Took Over the Supreme Court

The 50-year effort to advance a conservative legal agenda.

by John Fabian Witt via The New Republic on April 7, 2020

Fish in water next to rocks at the base of Kinzua Dam

Halted Waters

The Seneca Nation and the building of the Kinzua Dam.

by Maria Diaz-Gonzalez via Belt Magazine on January 30, 2020

The Legal Fight That Ended the Unjust Confinement of Mental Health Patients

Ayelet Waldman on the landmark case O’Connor v. Donaldson.

by Ayelet Waldman via Literary Hub on January 21, 2020

How Christians of Color in Colonial Virginia Became 'Black'

Although the British settlers imported Africans from the first as slaves, the earliest Virginians had yet to establish many basic rules regarding slavery.

by Alejandro de la Fuente, Ariela Gross via Religion News Service on December 13, 2019

Why Forbidding Asylum Seekers From Working Undermines the Right to Seek Asylum

A new Trump administration proposal would undermine the rights of all workers and harm asylum seekers.

by Yael Schacher via Made by History on November 18, 2019

Why Do Police Drive Cars?

Since the invention of the automobile, police have used the dangers of America's roads to justify their growing oversight of motorists.

by Jackson Smith via Public Books on November 13, 2019

Andrew Johnson impeachment.

The Common Misconception About ‘High Crimes and Misdemeanors’

The constitutional standard for impeachment is different from what’s at play in a regular criminal trial.

by Frank O. Bowman III via The Atlantic on October 22, 2019

Sandra Day O'Connor and Ruther Bader Ginsburg speaking at the Congrsssional Women's Caucus.

The First and Last of Her Kind

The legal academy has grown dismissive of Justice O’Connor, but the Supreme Court is not a law school faculty workshop. She saw herself as a problem-solver.

by Linda Greenhouse via New York Review of Books on October 17, 2019

Clarence Thomas.

The Conservative Black Nationalism of Clarence Thomas

A new book discusses the black nationalism at the heart of Thomas’s conservative jurisprudence.

by Corey Robin, Joshua Cohen via Boston Review on September 23, 2019

The Civil Rights Leader ‘Almost Nobody Knows About’ Gets a Statue in the U.S. Capitol

At a ceremony Wednesday, leaders remembered the Ponca chief whose court case established that Native Americans were people.

by Gillian Brockell via Retropolis on September 20, 2019

“A Most Damnable Fraud?” Public (Mis)conceptions and the Insanity Defense

An upcoming Supreme Court case will test the "not guilty by reason of insanity" plea.

by Steph Chevalier-Crockett via Nursing Clio on September 19, 2019

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