Jeffrey Rosen

Yes, Bork was a conservative judge. But his confirmation defeat remains a shame to this day.

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Whether narrow or broad, his decision is likely to favor marriage equality.

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The Data Plan

Don't like affirmative action? The alternative could be much worse.

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Senate Minority Leader Mitch McConnell has a habit of rushing to court to reverse his political defeats. The ink wasn’t dry on the McCain-Feingold Bipartisan Campaign Reform Act when McConnell filed a lawsuit challenging its constitutionality in court in 2002. McConnell and Senate Republicans supported similar suits challenging the Affordable Care Act moments after President Obama signed it. And now McConnell is at it again. Along with 41 Republican Senators, McConnell has filed a lawsuit, which the U.S.

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Some people can't resist tweeting and Facebooking and Instagramming their vote. That's not necessarily a good thing for our democracy.

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A case about dog-sniffing could have a huge impact on the use of privacy-invading technologies.

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The Obama administration has taken a position that makes the Bush pro-secrecy campaign seem pale in comparison

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You shouldn't read too much into John Roberts's recent display of jurisprudence.

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On Wednesday the Supreme Court heard arguments in Fisher v. Texas, the most important affirmative action case in a decade. The Court is sharply divided on the question of the permissibility of racial preferences in university admissions, and the questions posed by the justices reinforced the possibility that Fisher will produce a 5-3 decision pitting five conservatives who want to severely restrict if not eliminate affirmative action in higher education against three liberals who want to preserve it. (Justice Elena Kagan is recused because she worked on the case as Solicitor General).

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The Supreme Court this week took a position at odds with it's Citizens United holding: corporations aren't persons when they aid and abet torture.

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