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UNBELIEVABLE: Plessy - The Untold Story

Ranking the Worst Supreme Court Decisions of All Time

What cases belong on the list?

Reason

Justice John Marshall Harlan and Birth Tourism

Justice Harlan provides a middle ground for the Supreme Court on the question of birthright citizenship.

Reason

Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark

An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.

Reason

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This American pope: Leo XIV’s bloodline reflects the US melting pot

A fraught history of race and immigration connect the new pope with his homeland

The Guardian - US

Part VI: Slavery and the Reconstruction Amendments

An Introduction To Constitutional Law Video Library: Dred Scott v. Sandford (1857), The Slaughter-House Cases (1873), Bradwell v. Illinois (1873), U.S. v. Cruikshank (1876), Strauder v. West Virginia (1880), The Civil Rights Case (1883), Yick Wo v. Hopkins (1886), Plessy v. Ferguson (1896)

Reason

Frederick Douglass Praises the "Courage" Of Justice John Marshall Harlan

“In these easy going days [Harlan] should find himself possessed of the courage to resist the temptation to go with the multitude”

Reason

9 justices, many opinions: How the Supreme Court tells lawyers, judges and the public about its decisions and disagreements

When the U.S. Supreme Court issues opinions, you may hear that the nine justices reached a 6-3 or a 5-4 decision. You may also hear that certain justices wrote a concurrence or that there were multiple dissents.

The Conversation

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Prosecutors are charging Trump using laws made to fight the KKK. Here’s why

After the civil war, Klansmen were prosecuted – and Confederate traitors forced from office – by the same laws Trump has now run afoul of

The Guardian - US

Pullman National Historical Park is a testament to the triumph of unions

As we celebrate the recent successes of the UAW labor deal and the preservation of the Pullman legacy, Congress must reaffirm our commitment to working families, U.S. Rep. Robin Kelly writes.

Chicago Sun-Times

SCOTUS returns to "separate but equal"

How the right made discrimination a First Amendment issue

Salon

Commentary: Conservatives twist language in racial gerrymandering case

Recently, the Wall Street Journal, never shy about twisting language to maintain a status quo that serves its core audience at the expense of less wealthy or powerful Americans, ran an editorial taking new Supreme Court Justice Ketanji Brown Jackson to task. Her offense? Jackson had the temerity to object…

Tribune News Service

Commentary: The Supreme Court is unscientific and medically negligent

A pair of Supreme Court rulings in June — one on gun rights, the other on abortion — have elicited strong, partisan reactions.

Tribune News Service

Commentary: Dobbs isn’t the first time the Supreme Court took away key rights

After the Dobbs decision ended federal protections for abortion, some high-profile responses suggested the ruling marked the first time the Supreme Court rescinded an established fundamental right.

Los Angeles Times

"White life": Fascists tell their truth

Republicans don't bother to speak in code anymore. Why should they? Their big plans for America are no mystery

Salon

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Tribune News Service

Editorial: A devastating defeat for the rights of women

Overturning Roe v. Wade is not the first time the Supreme Court has driven a dagger into the heart of human rights and further divided a deeply troubled nation. But not since the 19th century have there been other decisions so dreadfully indefensible and consequential.

Salon

Texas Senator: "Do Plessy vs Ferguson"

Cornyn made the remark via Twitter in a share of former President Barack Obama's statement on the Roe reversal

Reason

Dobbs, Abortion, and Stare Decisis

Both majority and dissenting opinions include extensive discussions of stare decisis. But the truth is whether you think Roe v. Wade should have been preserved on that basis is heavily correlated with whether you think it was wrong in the first place.

Los Angeles Times

Commentary: Ending Roe is a pure exercise of Republican power, wielded to reduce women’s freedom and equality

Freedom and equality have expanded enormously over the course of American history, which makes the ending of a constitutional right virtually unprecedented.

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Reason

Published Article in TROLP: "Judicial Courage"

The Texas Review of Law & Politics published my new article, Judicial Courage. Here is the abstract. What is judicial courage? Supreme Court Justices often accuse their colleagues of lacking fortitude, but they seldom explain what this concept means. This Essay provides a brief discourse about judicial courage. Part I…

Tribune News Service

Commentary: Courting theocracy

Ordinarily, the word “unprecedented” is hyperbole, similar to “Breaking news!” or “Greatest ever!” When used to describe the current danger to American democracy, however, it is all too appropriate. Never in the nation’s history have democratic institutions been so at risk under what would first appear to be banal circumstances.

Salon

Supreme Court: "Political" since forever

Politics is nothing new in the supposedly august Supreme Court — and it's often been the worst possible kind

The Conversation

US schools are not racially integrated, despite decades of effort

Nearly seven decades after the U.S. Supreme Court’s unanimous landmark Brown v. Board of Education decision in 1954, the court’s declared goal of integrated education is still not yet achieved.

Salon

No winner: Trump downplays SCOTUS leak

Could it be that Republicans finally realize that the vast majority of Americans are opposed to their efforts?

Reason

Justice Gorsuch Calls for Overruling the Insular Cases

In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt…

Los Angeles Times

Commentary: Why Biden should look beyond the judiciary for his Supreme Court nominee

When Earl Warren became chief justice of the Supreme Court in 1953, only one of the nine justices had served as a judge before joining the court. After the landmark court ruling the next year that ended segregation, court detractors masked their resentment of Brown v. Board of Education with…

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