Open University

By Cass Sunstein According to conventional wisdom, the Supreme Court is equally divided between a conservative wing and a liberal one, with Justice Anthony Kennedy acting as the swing voter. But there is something extremely strange about this view of the current situation. By the standards of the recent past, the liberal wing isn't liberal at all. READ MORE >>

Editor's Note: Due to a formatting error, this post was originally misattributed to Cass Sunstein. We regret the error. By Sanford Levinson Imagine the following quite plausible events over the next 20 months: READ MORE >>

What I Owe Jefferson

by Richard Stern The Independence Day fireworks were beautiful to watch and hear from our little porch on Tybee Island. Garrison Keilor's "Writer's Almanac" had informed us that it was also Hawthorne's birthday and the one on which Thoreau had moved into his Walden cabin (made by him as Jefferson had made the lap-desk on which he wrote the 1300 odd words of the Declaration). READ MORE >>

by Eric Rauchway In his review of Michael Moore's Sicko, Josh Tyler claims READ MORE >>

by Sanford Levinson READ MORE >>

A Rededication

by Eric Rauchway E. L. Doctorow, on our founding texts and what we owe them, via Rorty, Dewey, and Whitman: When the ancient Hebrews broke their covenant they suffered a loss of identity and brought disaster on themselves. Our burden too is covenantal.... READ MORE >>

by Sanford Levinson READ MORE >>

What 'they' Call It

by Cass Sunstein In the midst of all the discussion of race-based pupil assignments and affirmative action, I've now received an Op-Ed from someone at the same institution as the person who sent me an Op-Ed on climate change. (Or was that a parody?) I print this one because it seems to me to capture some widespread views in the popular press and perhaps even to overlap, at least a little bit, with the Court's analysis yesterday. (Or is this a parody? What do you think?) READ MORE >>

by Alan Wolfe In the current TNR I have a review essay on Russell Kirk. In passing I mention that Kirk, although insisting that religion serve as a pillar of society, never bothered to select out any one religion for the task. Against this, I wrote, "give me Father Neuhaus any time; when he defends the need for religion in the public square, you are not left in doubt about which religion it is." READ MORE >>

by Robert Brustein READ MORE >>

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