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Tag Archives: SCOTUS

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  • 24 Aug 2023
    Jacob Eisler

    Balancing Justice and Autonomy in Democratic Design

    As democracy across the globe faces new stresses and dramatic challenges, the power of the judiciary to reshape electoral procedure is increasingly important. Yet underlying any judicial intervention – for good or for ill – in how people rule themselves is a threshold question: why does the judiciary have authority over the essence of democracy […]

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  • 5 Apr 2023
    Wendy E. Parmet

    How Courts Make Us Sick

    More than three years after the start of the COVID-19 pandemic, the United States is an unhealthy country. During the pandemic, the United States lost more people per capita to COVID-19 than any other high-income country and life expectancy, which was lower in the United States before the pandemic than in any other wealth country, […]

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  • 12 Jul 2022
    Photo by Joshua Sukoff on Unsplash
    H. Jefferson Powell

    History, Rights, and Constitutional Law

    The Supreme Court in Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade, the 1973 case recognizing a right to an abortion, and the 1992 Casey decision that reaffirmed Roe. From any human perspective, Dobbs was momentous, but the meaning of a major constitutional law decision reaches beyond its immediate subject. Dobbs thus demands […]

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  • 27 Oct 2020
    Simon J. Gilhooley

    The 1836 Election and the modern fight for the SCOTUS

    The emergence of a vacancy on the U.S. Supreme Court just a few weeks before the general election, and the hasty efforts to fill that seat with Judge Amy Coney Barrett, has made constitutional interpretation a live political issue once again. Opinion pieces and pundits are arguing back and forth over the legitimacy of “originalism,” […]

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  • 14 Oct 2020
    Christopher D. Johnston, Brandon L. Bartels

    Why is this polarized Supreme Court showing moderation?

    The Republicans’ rush to appoint Judge Amy Coney Barrett before the presidential election is yet another example of polarized politicians and citizens fighting over an increasingly polarized Supreme Court. Even before Justice Ginsburg’s death, the Court had all the makings of unprecedented polarization: lots of conservative rulings with fractious (5-4) opinions. American conservatives have reveled […]

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  • 10 Feb 2017
    David M. Dorsen

    Remembering Justice Scalia

    David M. Dorsen, author of The Unexpected Scalia: A Conservative Justice's Liberal Opinions (2017), remembers the late Justice Antonin Scalia (1936-2016).

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  • 3 Oct 2016
    Frank S. Ravitch

    Religious Freedom, Sexual Freedom and The 2016 Election

    As we approach the 2016 election most of the attention has focused on the Presidential race. Yet, Congressional and state contests could have a huge impact on the future of religious freedom and sexual freedom. In Freedom’s Edge: Religious Freedom, Sexual Freedom, and the Future of America (2016), I argue that religious freedom, LGBT rights, […]

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  • 16 Jun 2016
    Gabriel J. Chin

    Immigration and the US Election (Part 3): Why Texas Matters

    With immigration at the forefront of this year’s US Presidential Election, and a decision from the Supreme Court on United States v. Texas expected at the end of June, we asked some of our authors to reflect on the ongoing debates over the future of immigration law and policy in the United States. This is […]

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