Establishment Clause of the First Amendment

Will the Supreme Court Strike Down Affirmative Action?

Adam Liptak and Allison Kopicki recently had an interesting analysis of public opinion on the Supreme Court. The public reaction to the health-care ruling, NFIB v. Sebelius, shows that the public is closely divided, with 46 percent supporting the decision.

Law and Politics on the Supreme Court.

Common knowledge: Supreme Court confirmation hearings are now conducted on a kindergarten level. The dominant theme is that some judges follow the law, while other judges are "political." And of course the nominee issues an endless stream of vacuous banalities assuring the country that he or she is one of the former. But at the level of the Supreme Court, this is an essentially meaningless distinction. Cases generally get to the Supreme Court precisely because reasonable people can disagree about what the law requires in a given case, and in political salient cases the resolution of such indeterminacy is likely to fall along political lines.