Person

Joseph Story

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The Court’s Supreme Injustice

How John Marshall, Joseph Story, and Roger Taney strengthened the institution of slavery and embedded in the law a systemic hostility to fundamental freedom and basic justice.

The Case Against New York Times v. Sullivan

The malice test is the result of judicial activism and should be rejected by a Court that understands its task as the discovery, not the invention of law.
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‘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.
Map of the Cherokee Country in 1900

How the Supreme Court Failed to Stop the Brutal Relocation of Indigenous American Nations

On the legal challenges to racist presidential policy that led to the Trail of Tears.
Headstones in Mount Auburn cemetery. Photograph by Daderot at en.wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=18003519.
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A Tour of Mount Auburn Cemetery

Two centuries of New England intellectual history through the lives and ideas of people who are memorialized there.
Cartoon of the Supreme Court with its columns tangled.

The Problem of the Supreme Court

It’s time to admit that the nation’s highest court has been a source of harm more often than it’s been a force for justice.

The Supreme Court Used To Be Openly Political. It Traded Partisanship For Power.

The idea that justices exist outside of politics is a relatively new concept.
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.