Louis Brandeis

IN EVERY PRESIDENTIAL campaign since Roe v. Wade, the Democratic nominee has ominously intoned that the Supreme Court hangs in the balance. “We must win to save the Supreme Court of the United States,” Walter Mondale declared in 1984. “This election is about the Supreme Court,” Al Gore warned 24 hours before the polls closed in 2000. (As it turned out, he was right.) READ MORE >>

Americans tend to be fascinated by what’s new and to be indifferent to the past, except when they can use “tradition” to reinforce current prejudices and power arrangements. This has had an unfortunate effect on how we govern ourselves. We forget important lessons, and repeat old mistakes. READ MORE >>

Judicial nominations have mainly served as proxy battles for cultural rifts. E.J. Dionne explains that Sheldon Whitehouse and Al Franken plan to shift the focus onto the considerable role the courts play in economic battles: This week’s hearings over Elena Kagan’s nomination to the Supreme Court will mark a sea change in the way liberals argue about the judiciary.  READ MORE >>

Washington—This week’s hearings over Elena Kagan’s nomination to the Supreme Court will mark a sea change in the way liberals argue about the judiciary.  Democratic senators are planning to put the right of citizens to challenge corporate power at the center of their critique of activist conservative judging, offering a case that has not been fully aired since the days of the great Progressive Era Justice Louis Brandeis. READ MORE >>

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