Rodney Dangerfield famously claimed to get no respect, but in fact he was admired enormously by his fellow comics. Though it feels faintly impious to liken Blessed John Duns Scotus to a comedian, the comparison is, at least in this regard, apt. Scotus has nothing like the reputation in the popular . . . . Continue Reading »
Brown gave tacit permission to future Courts, including the Roe Court, to untether itself from the Constitution and to expand its role as final arbiter of the good in American life and culture. Continue Reading »
After the Dobbs leak, justices will feel less secure about the confidentiality of their deliberations and think twice about what they put in drafts. The work of the Court will inevitably suffer. Continue Reading »
A leak of this magnitude is an effort to subvert the Court’s procedure and norms, and a far greater threat to republican governance than anything carried out by the Trump administration. Continue Reading »
Twenty-eighteen brought the end of Justice Anthony Kennedy’s tenure on the Supreme Court. We are now entering a period of uncertainty about American constitutional law. Will we remain on the trajectory of the last half-century? Or will the Court move in a different direction? The character of the . . . . Continue Reading »