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Courts


A Case for Empathy
Last week, we got to see what it looks like when a justice is unable to view the world from another's perspective.
October 13, 2009 | | web only

What to Do About the Court?
Not much. An activist Supreme Court may strike down laws, but it can also give them political legitimacy.
October 1, 2009 |

How the Sotomayor Saga Could Help Progressives Take Back the Courts
Sotomayor's hearings shelved the stereotype that progressive judges rule based on their hearts and treat the Constitution as a play toy.
August 10, 2009 | | web only

Going Strong on the Wrong Message
The GOP became its own worst enemy during the Sotomayor hearings.
July 21, 2009 | | web only

In Defense of Confirmation Hearings
Sonia Sotomayor will spend the next week in the spotlight of Senate confirmation hearings. Attempting to "depoliticize" the process would not merely be impossible but undesirable.
July 13, 2009 | | web only

Judicial Abstraction
Republicans talk so much about "judicial activism" because it's a dog whistle to the base. Too bad that base is increasingly small and irrelevant.
June 2, 2009 | | web only

The Empathy Dodge
Conservative jurists are just as guilty of displaying the soft touch -- it's just reserved for those with money and power.
May 27, 2009 | | web only

Obama v. the Republican Party
The president can name the most agreeable of moderates as his Supreme Court nominee, and Senate Republicans will still put up a fight.
May 8, 2009 | | web only

Why Those "Other" Federal Courts Are So Important In This Election
There is considerable opportunity for the next president to shape the legal landscape through appointments to the 13 federal appellate courts.
October 30, 2008 | | web only

Will Congress Rebuff the Supreme Court's Anti-Consumer Activism?
The Court's campaign against individual court enforcement of consumer, employee, retiree, and other statutory protections has been a secret hiding in plain sight for the last four decades. Congress is finally taking notice.
July 23, 2008 | | web only

Justice Scalia's Two-Front War
Despite lip service to "judicial restraint" Scalia has been waging a war against consumer product regulation as well as protections for workers, at both the state and federal level.
March 6, 2008 | | web only

Repealing the 20th Century
When most Americans think about the Supreme Court's effect, they think about such cultural hot-buttons as abortion, or due process for terrorists.
December 12, 2007 |

The Supreme Court's Wrong Turn -- And How to Fix It
After posing as moderates, Justices Roberts and Alito have moved the Court radically to the right.
November 19, 2007 |

Mukasey and the Doctrine of Detention
He called Guantanamo a "black eye" but wouldn't call for its closure. So what is the attorney general nominee's plan for detaining terrorist suspects?
October 19, 2007 | | web only

The Myth of the Balanced Court
In 1980, John Paul Stevens stood at the center of the Supreme Court. Today, he is its most left-wing member -- and he hasn't changed.
September 13, 2007 |

Christian Legal Group Represents Missouri in Abortion Case
Gov. Matt Blunt's office contracted with a Christian organization to defend the state in a lawsuit filed by Planned Parenthood over newly enacted regulations targeting abortion clinics.
August 30, 2007 | | web only

The Real Gonzales Problem
Gonzales' worst fault -- the inability to separate politics from law -- is one that may well plague the administration beyond his resignation.
August 29, 2007 | | web only

Defending the Constitution After Gonzales
Alberto Gonzales was deeply involved in the scandals that may yield contempt of Congress citations for members of the executive branch. But will Congress step up and issue those citations?
August 28, 2007 | | web only

The Divider
Despite his promises to do the opposite, under Chief Justice John Roberts the Supreme Court has become more divided than at any point in recent history. But is that such a bad thing?
July 26, 2007 | | web only

Race, Gender, and the Politics of Segregation
What the Supreme Court's school desegregation ruling could mean for women's rights.
June 29, 2007 | | web only

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