Democrats should require Donald Trump’s Supreme Court nominee to respond to basic questions about his judicial philosophy and views on past cases.
Supreme Court
Posted inLaw and Justice
The Prisoner’s Dilemma: Why Democrats Should Block Gorsuch
In a rational political system, Democrats might keep their powder dry in the Supreme Court battle. But Republican extremism has made resistance Democrats’ only option.
Posted inLaw and Justice
Scalia, the Sequel
An originalist like Antonin Scalia, Neil Gorsuch is guided by 1787 thought processes, which made no provision for a right to privacy, or reproductive choice, or same-sex marriage.
Posted inMoney, Politics, and Power
Justice at Risk
Trump’s nominee to succeed Scalia will restore a right-wing majority. One additional Trump appointee could undo rights established 50 years ago and more.
Posted inLaw and Justice
Will Black Lives Matter to the Supreme Court?
Three cases provide cues on how the Court may handle race and criminal justice questions that are roiling the country.
Posted inMoney, Politics, and Power
A New Era for the Supreme Court
The transformative potential of a shift in even one seat
Posted inLaw and Justice
The Five Worst Roberts Court Rulings
Most progressives would rank Citizens United v. FEC as the worst ruling ever handed down by the Supreme Court under Chief Justice John Roberts. But five other rulings are turning out to be even more disastrous.
Posted inArticle
The Limits of Originalism
Two recent rulings by Supreme Court Justice Clarence Thomas spotlight the limitations of originalist readings of the Constitution, which would dominate a Court controlled by conservatives.
Posted inMoney, Politics, and Power
Republicans Say They Want to Nominate Another Scalia. But They Don’t Mean It
Why the next Scalia could be far worse for the progressive agenda.
Posted inLaw and Justice
Obama and the Supreme Court: Lose Today, Win Tomorrow?
In choosing a successor to Antonin Scalia, Obama would do well to play the long game and consider a nominee with strong progressive credentials.