Jurisprudence

Liberals Must Embrace a Bankrupt Judicial Philosophy to Have Any Chance of Winning at the Supreme Court

Oct. 17 2018 6:48 PMMasterpiece Cakeshop ReduxA conservative appeals court is poised to topple the entire framework of civil rights law.Mark Joseph Stern

Oct. 17 2018 7:00 AMChristine Blasey Ford’s Memory of Her Assault Isn’t a Case of Mistaken IdentityIt’s a convenient theory that allows us to believe both the accused and the accuser, but it undermines everything we know about mistaken identity in cases of sexual assault.Lara Bazelon and Jennifer Thompson

Oct. 16 2018 4:27 PMHistory Will Judge John Roberts if His Court’s Steady Stream of 5–4 Pro-GOP Decisions ContinuesRichard Blumenthal, Sheldon Whitehouse, and Mazie Hirono

Oct. 16 2018 2:32 PMTrump’s Child Separations Are Becoming Permanent Because the Whole Child Welfare System Is BrokenJosh Michtom

Oct. 12 2018 7:00 PMDoes Stephen Elliott’s Lawsuit Against Moira Donegan Have a Chance to Succeed?We asked legal experts.Christina Cauterucci

Oct. 12 2018 4:33 PMLiberals Abandoned Civil Legal Aid. Now They Need to Bring It Back.Douglas Grant

Oct. 11 2018 4:24 PMDid the U.S. Have a “Duty to Warn” Khashoggi?If U.S. intelligence servers knew what was going to happen to him, they had an obligation to intervene.Ryan Goodman

Oct. 11 2018 2:35 PMThree Plans for Saving Voters From a Right-Wing Activist Supreme CourtForget court-packing, Canada has a better idea.Christopher Jon Sprigman

Oct. 11 2018 2:35 PMThe Supreme Court Is a Historically Regressive and Presently Expendable InstitutionChristopher Jon Sprigman

Oct. 10 2018 10:48 AMWhat Might Force Robert Mueller’s Hand Before the Midterms?Exceptions to the DOJ’s 60-day “rule.”Viola Gienger

Oct. 5 2018 6:11 PMSusan Collins’ Bad FaithHer pro-Kavanaugh speech on the Senate floor was an insult to Americans’ intelligence.Mark Joseph Stern

Oct. 5 2018 3:58 PMInvestigation at Yale Law SchoolAn inquiry into the actions of a prominent professor reveals why it’s so hard to report inappropriate behavior at the top law school in the country.Dahlia Lithwick and Susan Matthews

Oct. 4 2018 6:53 PMHow Liberals Could Declare War on Brett Kavanaugh’s Supreme CourtHis confirmation might pave the way for a full-blown constitutional crisis.Mark Joseph Stern

Oct. 3 2018 7:45 PMI Was Brett Kavanaugh’s College RoommateHe lied under oath about his drinking and terms in his yearbook.James Roche

Oct. 3 2018 6:10 PMRachel Mitchell Crossed a Line No Prosecutor Should Cross With Her Christine Blasey Ford ReportMichael Stern

Oct. 17 2018 3:59 PMHas Mohammed bin Salman Made His Last Trip to the United States?How the Torture Victim Protection Act of 1991 could restrict the Saudi prince’s travel.Steve Vladeck

Oct. 16 2018 6:46 PMThe Heritage Foundation’s New, Secretive Clerkship Boot Camp Is Going to Further Trumpify the CourtsMark Joseph Stern

Oct. 16 2018 3:20 PMWhat to Do About Professors Who Refuse to Offer Recommendations to Students Who Want to Study in IsraelSteven Lubet

Oct. 15 2018 5:28 PMThe Florida Supreme Court Just Stopped Rick Scott From Packing It After His Term EndsNo court packing for you!Mark Joseph Stern

Oct. 12 2018 6:37 PMWest Virginia’s Absurd, Dangerous Supreme Court Impeachment CrisisThe case just went to … the West Virginia Supreme Court, where every justice is either disqualified from hearing it or has been suspended without pay.Mark Joseph Stern

Oct. 11 2018 6:29 PMThe Gorsuch BriefProgressive advocates used to write briefs designed to appeal to Anthony Kennedy. They’ve now got a new justice in their sights.Mark Joseph Stern

Oct. 11 2018 2:35 PMWhy Supreme Court Term Limits Won’t Work and What to Do InsteadDaniel Hemel

Oct. 11 2018 2:35 PMThe Supreme Court Is a Bulwark of DemocracyDaniel Hemel

Oct. 11 2018 2:35 PMShould Progressives Wage War on the Supreme Court?Christopher Jon Sprigman and Daniel Hemel

Oct. 9 2018 5:47 PMBrett Kavanaugh’s First Day on the Bench Was Disturbingly NormalDemocrats hoping for the liberal bloc to disregard or ostracize the new Supreme Court justice will be sorely disappointed.Mark Joseph Stern

Oct. 5 2018 4:22 PMWhy the Roberts Court Might Actually Rule for Workers for a Change This TermBrianne Gorod and Brian Frazelle

Oct. 5 2018 10:22 AMOnly the Seated Supreme Court Justices Can Save Us NowThe Kavanaugh debacle has taken us too far.Dahlia Lithwick

Oct. 4 2018 11:20 AMWhy the Big Double Jeopardy Supreme Court Case Isn’t a Threat to the Mueller ProbeJed Handelsman Shugerman and Teri Kanefield

Oct. 3 2018 6:10 PMLiberals Courted Neil Gorsuch’s Vote to Strike Down a Terrible Sex Offender LawThey’re playing with fire.Mark Joseph Stern

Oct. 2 2018 7:08 PMThe Kavanaugh Hearings Have Demonstrated How Desperately America Needs Restorative JusticeWe’ve retreated too far into our two sides now, but at one point, there was another way.Lara Bazelon