David Schultz: You Don’t Have to Overrule Roe to Overrule Roe

Look to see the Supreme Court continue to acknowledge the validity of Roe as precedent while effectively overruling it with judicially minimal decisions

Amy Davidson Sorkin: Why Donald Trump Nominated Brett Kavanaugh

Donald Trump walked into the East Room of the White House alone at just past 9 P.M., stretching the suspense surrounding his Supreme Court pick about as far as he could. It was Judge Brett Kavanaugh, of the Court of Appeals for the District of Columbia Circuit, who, if confirmed, should in the years to Read more…

Marjorie Cohn: In Upholding Muslim Ban, the Supreme Court Ignored International Law

The Supreme Court’s opinion in Trump v. Hawaii, affirming Donald Trump’s Muslim ban, allows the United States to act in flagrant violation of international law. Under the guise of deferring to the president on matters of national security, the 5-4 majority disregarded a litany of Trump’s anti-Muslim statements and held that the ban does not violate the Read more…

Sam Pizzigati: ‘Janus’ Will Juice Income Inequality in America

Any court ruling that limits how effectively unions can bargain on behalf of workers, even mainstream economists now recognize, concentrates wealth at our economic summit

Jack Rasmus: Is There a Trump-Justice Kennedy Resignation Connection?

The resignation of Kennedy will enable Trump to take one step closer (now very close) to his avowed desire to be ‘above the law’, a Tyrant

Peter Dreier: Let Us Not Praise Anthony Kennedy

Regardless of his motives, Kennedy will be responsible for allowing Trump to name a replacement who, along with the other right-wingers on the court, will further erode American democracy

Jon Schwarz: The Most Ludicrous Pronouncements in Supreme Court History

Kennedy had an ideological commitment to opening the floodgates to as much money in politics as possible, and was willing to say absolutely anything to make it happen

Marjorie Cohn: Dissecting Trump’s Efforts to Place Himself Above the Law

“Nobody is above the law,” Donald Trump declared during the 2016 campaign. But as special counsel Robert Mueller zeroes in on him, the president is carving out an exemption for himself. Trump and his attorneys are claiming absolute power for the president. Trump’s attorney and mouthpiece Rudy Giuliani told HuffPost that Trump could not be indicted even Read more…

Erin L. Thompson: Minority Lawyers Hanging From Their Own Bootstraps

How Law Schools Fail Those Who Seek Justice

William C. Anderson: The Case for Delegitimizing the Police

We can’t say a world without police wouldn’t work when the places that supposedly “need” police have never received adequate resources to thrive

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