Supreme Court

If Obama Proves a Failure, Liberals Have No One to Blame But Themselves
October 22, 2012

Unlike in the 1930s and 1960s, Obama couldn't rely on surging liberal movements to help him advance his goals.

The Super PAC Flameout
October 19, 2012

Democrats have been able to compete with the army of billionaire conservatives just fine—at least for now.

The Court and the Future of Everything You Hold Dear
October 19, 2012

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

How Many Constitutions Can Liberals Have?
October 19, 2012

The strange theory of twelve constitutions in one.

Against Our Debate Obsession
October 16, 2012

The media's obsession with the presidential debates has reached the point of absurdity -- and threatens to damage our election process.

An Affirmative Action Solution Even Conservatives Should Love
October 10, 2012

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).

How the GOP Destroyed its Moderates
October 05, 2012

Moderate Republicanism is not intellectually dead. So where is it?

Corporations Are People When They Donate to Campaigns—But Not When They Violate Human Rights?
October 02, 2012

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.

Richard Posner Responds to Antonin Scalia’s Accusation of Lying
September 20, 2012

In the September 13 issue of TNR, Richard Posner reviewed Reading Law, a new book by Supreme Court Justice Antonin Scalia and Bryan A. Garner. Soon afterwards, TNR published an exchange between Garner and Posner about the review. Here, Posner responds to the latest critical response by Antonin Scalia: Reuters invited me to respond to a statement made by Justice Scalia in an interview of him by Stephen Adler on September 17. The statement comments on a purported statement of mine in a review in the New Republic of Reading Law by Justice Scalia and Bryan Garner.

Why the Supreme Court May Soon Strike Down a Key Section of the Voting Rights Act
September 10, 2012

The Voting Rights Act may be doomed when it reaches the Supreme Court next year.

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