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Overturning the Twentieth Century?

CONSTITUTION | January 22, 2026

Elite opinion aside, the Supreme Court has not aggressively attacked the bad precedents of the past century. Maybe it should.

Overturning the Twentieth Century? Read More »

The verdict is in: We do not have a “conservative Supreme Court”

CONSTITUTION, Supreme Court | July 1, 2019

The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.

The verdict is in: We do not have a “conservative Supreme Court” Read More »

How the New York Times Misrepresents the Supreme Court

CONSTITUTION, Supreme Court | April 30, 2017

A recent New York Times story, titled “A Polarized Supreme Court, Growing More So,” illustrates how left-of-center media distort perceptions

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A Response to Professor Seidman

CONSTITUTION, Uncategorized | January 4, 2013

Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from

A Response to Professor Seidman Read More »

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