The Latest Breaking News from Plessy

Freedom and equality have expanded enormously over the course of American history, which makes the ending of a constitutional right virtually unprecedented.

The Texas Review of Law & Politics published my new article, Judicial Courage. Here is the abstract. What is judicial courage? Supreme Court Justices often accuse their colleagues of lacking fortitude, but they seldom explain what this concept means. This Essay provides a brief discourse about judicial courage. Part I…

Ordinarily, the word “unprecedented” is hyperbole, similar to “Breaking news!” or “Greatest ever!” When used to describe the current danger to American democracy, however, it is all too appropriate. Never in the nation’s history have democratic institutions been so at risk under what would first appear to be banal circumstances.

Politics is nothing new in the supposedly august Supreme Court — and it's often been the worst possible kind

Nearly seven decades after the U.S. Supreme Court’s unanimous landmark Brown v. Board of Education decision in 1954, the court’s declared goal of integrated education is still not yet achieved.

Could it be that Republicans finally realize that the vast majority of Americans are opposed to their efforts?

A draft decision by the US Supreme Court that would overturn 50 years of abortion rights has been sensationally leaked. Hayden Thorne, who studies the Supreme Court, analyses the draft and i

In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt…

When Earl Warren became chief justice of the Supreme Court in 1953, only one of the nine justices had served as a judge before joining the court. After the landmark court ruling the next year that ended segregation, court detractors masked their resentment of Brown v. Board of Education with…

Tens of thousands of anti-abortion protesters are expected to descend on Washington on Jan. 21, 2022, for the March for Life rally – as they have done annually since 1974 to protest the Roe v. Wade ruling of the previous year.