The Supreme Court appears on the cusp of overturning a right – to abortion – for the first time in modern history. What happens to other rights unpopular with conservative Christians that, like abortion, were underpinned by the 14th Amendment?
Can looking back help America move forward, judicially? That’s the question facing originalism, a legal theory that holds more power than ever and could launch a shift in law as dramatic as the Warren and Burger courts.
In the rare instances the Supreme Court has overturned a constitutional precedent, it has typically been to expand, not revoke, a right. That may be changing for abortion rights, and states and their constitutions could find themselves even fiercer battlegrounds.
This last Supreme Court term didn’t take shape as many expected. But the key to understanding how the court might evolve could lie in its most conservative member.
The Supreme Court may, like America itself, be more partisan than ever. But Thursday offered two big cases that did not break along predictable ideological lines.
The sentencing rule treating crack cocaine as 100 times worse than powder is seen by bipartisan critics as a punitive remnant of the war on drugs. The Supreme Court on Tuesday will hear a case that could deliver a telling blow – or a telling victory – for reform.
Is the First Amendment the most important? Adherents of the conservative Christian legal movement believe so – particularly the Free Exercise clause, which they argue has been given short shrift as America has become less religious.
Rare is the Supreme Court justice able to create a distinct legacy. Rarer still is the justice able to create a distinct legacy, shape an entire area of the law, and become a pop culture icon: the fiery, jabot-wearing “Notorious RBG.”
What would it look like to repair a long-standing racial injustice? It’s a question roiling the U.S., and Native American tribes in Oklahoma say they got a clear example last week from the Supreme Court.
At a time of deep U.S. political polarization, the Supreme Court ended its term with two decisions that emphasized unifying basic principles: the importance of the rule of law, and the fact that it applies to everyone, including presidents.