Jamin Raskin

Jamin B. Raskin is a professor of constitutional law at American University where he is also co-director of the AU Marshall-Brennan Fellows Program and the author of Overruling Democracy: The Supreme Court versus the American People.

Recent Articles

Courts v. Citizens

Liberals need to think of the Republican Party's spreading control over the federal courts in democratic and not just civil-libertarian terms. Our traditional anxiety is that conservative judges will fail to protect the rights of political minorities from attack by an overzealous majority. But the greater danger today is quite the opposite. The new conservative legal agenda is a zealous project by a political minority to thwart the majority's legislative priorities and to undermine the democratic rights of the people. The emblematic event of this judicial movement was, of course, the U.S. Supreme Court's 2000 decision in Bush v. Gore . In that spectacular failure of law and logic, five of nine justices -- one named to the Court by Richard Nixon, three by Ronald Reagan and one by George Bush Senior -- intervened in the first presidential election of the new century, overruling a state supreme court on a matter of state law in order to stop the manual counting of more than 175,000...