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The Latest Breaking News from Mark Tushnet

Homer Nodded in the U.S. Reports

How the phrase ended up in an opinion after it had been omitted.

Reason · May 10, 2025

Will Trump put a Fox News host on the US supreme court? Mark Tushnet can’t rule it out

In his new book, the Harvard law professor argues against originalism and for putting non-judges on the highest court

The Guardian - US · Mar 8, 2025

Calls for Popular Constitutionalism in the Rear-View Mirror

Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.

Reason · Feb 9, 2025

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Journal of Free Speech Law: "Epistemic Disagreement, Institutional Analysis, and the First Amendment Status of Lies," by Prof. Mark Tushnet

The ninth of twelve articles from the Knight Institute’s Lies, Free Speech, and the Law symposium.

Reason · Apr 2, 2024

A Flawed "Popular Constitutionalist" Rationale for Disobeying Supreme Court Decisions

Harvard law Prof. Mark Tushnet and political scientist Aaron Belkin urge President Biden to disobey "gravely mistaken" Supreme Court rulings. Doing so would set a dangerous precedent likely to be abused by the right, as well as the left.

Reason · Jul 20, 2023

"Knight Institute Publishes First Essays from 'Lies, Free Speech, and the Law' Symposium"

Katy Glenn Bass summarizes and links to the four essays, from Helen Norton, Deborah Pearlstein, Mark Tushnet, and me: The … essays … focus on doctrinal and definitional questions about the regulation of lies in public discourse: What is the First Amendment status of false speech? What rules do or…

Reason · Oct 19, 2022

Traditionalism Rising, Part III: The "Level of Generality" Problem

One important challenge to traditionalism involves what some have termed the "level of generality" problem. Mark Tushnet, in addressing a previous article of mine on traditionalism, observed: Referring to the Bladensburg cross case, DeGirolami criticizes Justice Breyer for "drawing" the practice with reference solely to the very cross at issue…But,…

Reason · Sep 8, 2022

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Nicholas Goldberg: After it overturns Roe vs. Wade, what'll the Supreme Court do for an encore?

Got a Supreme Court precedent you don't like? Is there a liberal decision that's always stuck in your craw? Think the court has flipped too far to the left and needs to be flipped back?

Los Angeles Times · Jun 3, 2022

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