Supreme Court

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?

Blackballed

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

Overheated

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.

Same-Sex Marriage & Religious Freedom

After Arizona Gov. Jan Brewer vetoes bill affecting gay marriage, similar bills in other states will give us another master class in how to hold a culture war.
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Book Reviews

Blackballed

May 4, 2015 | 0 comments

Scalia: A Court of One

October 11, 2014 | 0 comments

Legalese

November 4, 2013 | 0 comments

Between the Lines

July 1, 2013 | 0 comments

A Bronx Tale

April 22, 2013 | 0 comments

Outside the Law

April 22, 2013 | 1 comment

More Intuition than Argument

March 25, 2013 | 0 comments

Judicial Modesty

March 8, 2010 | 0 comments