Supreme Court

  • Which Constitution is Amy Coney Barrett Talking About?

    by Jamelle Bouie

    The Times columnist argues that the original meaning of the Reconstruction Amendments establishes a constitutional vision of equality and civil rights that conservative originalists ignore. 

  • The Case Against Packing the Court

    by Jeff Shesol

    The main risk for Biden isn't that court packing would escalate partisan war over the courts. It's that it might destroy his own Democratic coalition. 

  • Coney Barrett’s Moment of Truth

    by Garrett Epps

    "At the center of this moral swamp is St. Amy, a person whose life gives many real evidences of high morals and deep faith and good works. Why would such a person lend herself to such a tawdry charade?"  

  • Amy Coney Barrett on Guns

    by Jake Charles

    A Second Amendment scholar examines the SCOTUS nominee's historical interpretation of prohibitions on individual firearm ownership, concluding that her record shows a commitment to gun rights but uncertainty about how she might rule on particular cases.

  • How SCOTUS Nominations Became All-Out War

    by Robert L. Tsai

    The rise of national parties, the use of the judiciary to advance policy goals, and the decision of Republican leadership to consolidate a narrow electoral base have made judicial nominations a partisan battle the Founders did not adequately anticipate, according to American U. Law professor Robert Tsai.

  • Why History Shows 'Court Packing' Isn't Extreme

    by Nicole Hemmer

    The politicized change in the size of the court has already happened. It occurred in 2016, when a Republican-controlled Senate allowed the court to shrink to eight justices. 

  • Why Heller is Such Bad History

    by Noah Shusterman

    Antonin Scalia's opinion in District of Columbia v. Heller ignored the actual history of the early American militia in order to invent an individual right to gun ownership.

  • Amy Coney Barrett, Good People, and Ideology

    by Walter G. Moss

    Barrett may have many fine personal qualities and virtues, but if she acts as a conservative ideological Christian, she could cause much harm to individuals (and our planet as a whole).

  • President Washington and the Character of the First Supreme Court

    by Lindsay M. Chervinsky

    The first Supreme Court was not the magisterial institution we know today. Both Congress and the executive branch saw its role in political terms, and its composition as subject to change to reflect the shifting needs of the nation. 

  • The Elite Sisterhood of Amy Coney Barrett

    Although abortion rights are receiving much of the focus from Amy Coney Barrett's critics, writer Melissa Gira Grant argues that her participation in a decades-long conservative effort to undermine the social safety net will have broad consequences on every dimension of the lives of women who lack Barrett's privilege. 

  • The Case to End the Supreme Court as We Know It

    by Keeanga-Yamahtta Taylor

    The Supreme Court has historically supported democratic and egalitarian change only when forced by social movements. People must stop looking to the power invested in the court and start looking for the power latent in themselves. 

  • The Supreme Court Used to be Openly Political. It Traded Partisanship for Power

    by Rachel Shelden

    Americans once assumed that the constitutionality of a given law was a matter to be settled through legislative politics and elections, and selected judges on a partisan basis. Today's court is no less political or ideological, but can exert more power because of its nominal freedom from partisan politics. 

  • Republicans are Desperately Trying to Change the Subject

    by Neil J. Young

    Republicans will attempt to paint Democratic opposition to Amy Coney Barrett's Supreme Court nomination as anti-Catholic. There's no evidence for this charge and it's really an attempt to distract from the norm-busting dash to seat a justice before an impending election.