Supreme Court

Bring Back the Gallows?

The Court’s threat is clear: If the manufacturers of midazolam decide to step aside, the states can always return to the firing squad or electric chair or gallows.

Pomp & Circumstances

For supporters of same-sex marriage, Obergefell is definitely a victory. But the victory is not primarily one for the Supreme Court—or for Justice Anthony Kennedy.

Privacy, not Equal Protection

Articulating a basis for the Court’s judgment that's preferable to the somewhat diffuse mix of rationales on which Justice Anthony Kennedy’s majority relies.

Regulating the Value of Hard Work

Will Republicans be able to admit that enforcing "conservative" values about the honor of work might require what are seen as "progressive" measures by government?


Pinckney's short history deals with basic things—Reconstruction, Ku Klux Klan terrorism, crude political machinations like Plessy v Ferguson—white people can forget.


The furor over Indiana's RFRA raises questions about our capacity to engage in the kind of thoughtful, careful public discussion that issues like this demand.

Nonexistent & Irreplaceable

'Religion' is a concept flexible enough to be accommodated legally while keeping the state neutral about theological questions.

Scalia: A Court of One

A biography of the Supreme Court justice that offers us a better view of Scalia’s press clips than of Scalia himself.

Blind Ideological Justice

We are confronted with a conservative judiciary using any argument it can to win ideological victories that elude their side in the elected branches of government.

'A Minefield'

It's one thing to be asked to provide contraception, another to contribute to a plan covering it, and another to tell the government your religious objections to it.

You Vote, They Decide

Big campaign donations threaten the common good by allowing big donors to drown out the voices of ordinary voters both before and after elections.

A Missed Chance on Religious Freedom

The court majority failed the empathy test and lost a chance to balance honor of religion's role in public life with the rights of those of all faiths.
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