The “born free and equal” clauses and the noxious Buck v. Bell
This is the fifth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declaration…
A quick update on the Missouri congressional districting case
Hurray once again for Justice Brett Kavanaugh and his colleagues, who just hours ago benchslapped four lower-federal-court judges – one district judge and three appellate judges on the U.S. Court…
The architecture of persuasion: United States v. Hemani
Although some law professors make a living hiding the ball, I will repeat my thesis right up front: Good legal writers are simply good writers – strong English stylists. As…
The minoritarian difficulty
Court reform is a hot topic these days. Scholars, commentators, and politicians argue that the Supreme Court is aggrandizing its powers at the expense of Congress, undermining American democracy, and…
Aesthetic injuries, standing, and the White House ballroom
The Supreme Court’s decision to allow President Donald Trump to demolish the East Wing of the White House and build a huge ballroom is troubling enough. But it could also…
Justice Kavanaugh stands up for state constitutional law in the Missouri congressional case
A crucial case decided yesterday on the Supreme Court’s emergency docket will likely mean that in the upcoming November election Republicans will win only 6 of 8 Missouri congressional seats…
The “born free and equal” clauses and same-sex marriage
This is the fourth of seven introductory articles on the relevance for constitutional law and the Supreme Court of the “born free and equal” clauses, which appeared in the Declaration…
Empower the Supreme Court’s supermajority on substantive matters
This is the seventh piece in a series on what I believe the court can, and should, do better. Read more The century-old fight to test birthright citizenship *** In…
The century-old fight to test birthright citizenship
As SCOTUSblog readers are well aware, on Apr. 1, a majority of justices struck down President Donald Trump’s executive order seeking to end birthright citizenship. Much of this decision relied…
Laboratories of (un)democracy
Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Read more Mail-in voting returns to…