The New Supreme Court

[…] For conservatives, what I have described is an occasion for great celebration. They have succeeded in their goal of a very conservative Court. For liberals, like me, the challenge is enormous. No longer can we imagine the Court as a possibility for progressive change. We must look to state courts and the political process for that, while fearing how the Court will strike down progressive federal, state, and local laws. We also must consider reforms of the Supreme Court—such as increasing its size—if we want an alternative to a far-right Supreme Court for a long time to come.

The Constitution and a Pandemic

First, what can and can’t the government do in restricting liberties to stop the spread of COVID-19? Second, what is the respective constitutional authority of the federal and state governments in dealing with the pandemic? […]

Judicial Opinions as Public Rhetoric

By any measure, the California Supreme Court’s decision in In re Marriage Cases is the most significant in the last year and in recent memory. Chief Justice George’s opinion thoroughly and forcefully explains why gay and lesbian individuals have the right to marry under the California Constitution. This conclusion is founded on basic principles of […]