Supreme Court

New Choice
May 10, 2004

Sarah Wildman writes on the pro-choice movement during the 2004 election.

Lincoln v. Lincoln
May 10, 2004

by Jeffrey Rosen

Revolution, Televised
March 01, 2004

From 2004, Andrew Sullivan discusses the shift of consciousness accompanying new state-level gay marriage laws.

Judge Advocates
February 24, 2004

In announcing yesterday morning that he would back a constitutional amendment to ban gay marriage, President Bush resorted--as he has often done in the past--to a favorite tactic of social conservatives: attacking the straw man of judicial activism rather than focusing on the merits of the issue at hand. Opponents of gay marriage have sought to frame the debate over their proposed constitutional amendment as a matter of shielding voters and their elected representatives--that is, state politicians and local officials--from the whims of allegedly activist judges.

Devils in America
February 16, 2004

Reds: McCarthyism in Twentieth-Century America By Ted Morgan (Random House, 685 pp., $35)  NEARLY FIFTY YEARS AGO the United States Senate voted to censure Senator Joseph McCarthy. Within three years of his disgrace, McCarthy was dead, his health destroyed by heavy drinking. His time in the limelight had been brief.

February 16, 2004

LAST YEAR, CONSERVATIVES responded to Lawrence v. Texas—in which the Supreme Court struck down all 13 state anti-sodomy statutes and overruled Bowers v. Hardwick, the infamous 1986 case that denied “a fundamental right to engage in homosexual sodomy”—with dire warnings that the decision would open the floodgates to radical social changes, including the advent of gay marriage.

Judge Not
January 26, 2004

On December 18, two federal appeals courts rejected the Bush administration's claim that the president has the unilateral authority to identify citizens or aliens as enemy combatants and to detain them indefinitely, at home and abroad. The rulings were a clear sign that President Bush's sweeping claims that he can do whatever he likes in the war on terrorism without review by the courts or Congress are provoking a judicial backlash.

Kennedy Curse
July 21, 2003

An analysis of the 2003 Supreme Court decision to make same-sex sexual activity legal in the US.

Light Footprint
July 07, 2003

In the months leading up to the Supreme Court decision on affirmative action, it was hard not to feel a sense of dread. At other great moments of constitutional drama—the decision to reaffirm Roe in 1992 and to settle the presidential election of 2000—the justices had allowed an inflated sense of their own importance to distort their judgment and compromise their reasoning.

Ripple Effect
June 23, 2003

In the next two weeks, the Supreme Court will rule, in Lawrence v. Texas, on the constitutionality of Texas's law criminalizing consensual homosexual sodomy. The case involves the arrests and convictions of John Lawrence and Tyron Garner, who were discovered having sex in Lawrence's bedroom when police responded to a false report by a neighbor that a man was "going crazy" in the apartment. The two men were arrested, convicted, fined, and jailed.