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Neil Gorsuch

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Justice Clarence Thomas.

Clarence Thomas Wants to Demolish Indian Law

The conservative justice is on course for an originalist fight with Neil Gorsuch.
Anti-death penalty protesters standing outside the Supreme Court.

The Hollowing of the Eighth Amendment

The Supreme Court’s Republican majority has been quietly rolling back a longstanding consensus over cruel and unusual punishment.
Frozen truck on icy road

The Frozen Trucker and the Fugitive Slave

On the TransAm Trucking case, legal reasoning, and the Fugitive Slave Act.
Supreme Court justice Clarence Thomas and typed footnote

Clarence Thomas Went After My Work. His Criticisms Reveal a Disturbing Fact About Originalism.

If judges are going to use history as their guide, they should probably try to get the history right.
A microphone animated as a black snake.

The Dark Side of Defamation Law

A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Demonstrators gather outside the U.S. Supreme Court holding signs with "Let us pray" and "young women for America."
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2022 Saw Conservative Gains on Education Issues. But They May Be Short-lived.

Conservatives’ veneration for the founders opens the door for a secular vision for America’s public schools.
Photo of E.P.A Headquarters, shot through a bush

How Government Ends

Through an assault on administrative agencies, the Supreme Court is systematically eroding the legal basis of effective governance.
A red gun and blue gun pointing in opposite directions, with flags spelling "We"

Originalism, Divided

The theory has not provided the clarity some of its early proponents had hoped it would.
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.

How Conservatives Won the Battle Over the Courts 

The right has demonstrated that winning this kind of institutional fight takes years and requires a ruthless disposition.

The History of 'Stolen' Supreme Court Seats

As the new administration seeks to fill a vacancy on the Court, a look back at the forgotten mid-19th century battles over the judiciary.
William Rehnquist

The Late Supreme Court Chief Who Haunts Today’s Right-Wing Justices

William Rehnquist went from a lonely dissenter to an institutionalist chief—and his opinions are all the rage among the court’s current conservatives.
Illustration of the Constitution, with the hand of a Founder writing with a feather, and the other side a 21st century hand writing with a pen.

The Supreme Court’s Originalists Are Fundamentally Wrong About History

The Founders didn’t believe the Constitution had a fixed meaning. So why do so many of the justices?
Chief Justice Earl Warren (left), President Richard Nixon (center), and Chief Justice Warren E. Burger (right).

I Argued ‘U.S. v. Nixon.’ The Supreme Court’s New Ruling on Presidential Immunity Appalled Me.

Fifty years after ruling against a corrupt president, the Court has now decided that presidents are above the law.
M. Roland Nachman Jr., William P. Rogers and Herbert Wechsler, the lawyers in "New York Times v. Sullivan."

Keeping Speech Robust and Free

Dominion Voting Systems lawsuit against Fox News' coverage of claims that the company had rigged the 2020 election may soon become an artifact of a vanished era.
Five generations of a family pose at the plantation where they were enslaved, soon after Union forces arrived in Beaufort, South Carolina, 1863.

More Than 100 U.S. Political Elites Have Family Links to Slavery

Among America's political elite, 5 living presidents, 2 Supreme Court justices, 11 governors, and 100 legislators have ancestors who enslaved Black people.
The Supreme Court building.

Everything We Know about the History of Diversity Is Wrong

And historians aren't exactly helping in the Harvard case currently before the Supreme Court.
Black and white scale of justice.

The Blindness of ‘Color-Blindness’

When the Supreme Court heard oral arguments on the future of affirmative action, I knew I had to be there.
Photo of the Supreme Court Building

The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

A trio of American Samoan plaintiffs are asking the high court to end their status as second-class citizens.
Abortion opponents hold signs reading "I Vote Pro-life First" outside Supreme Court

Abortion and Partisan Entrenchment

The modern Republican Party has tied itself to Roe v. Wade. With the Supreme Court's decision in Dobbs, the party is vulnerable to new issues.