Supreme Court
The Incoherence of Illegitimacy
Michael Waldman’s ‘The Supermajority’ doubles down on caricatures of the Supreme Court.
Process Over Outcomes
The Supreme Court’s upcoming Second Amendment case is just as much about due process.
Joe Biden’s New Debt Forgiveness Plan, Explained
The Higher Education Act of 1965 is more permissive than the HEROES Act but still has limits.
With Amici Like These …
Advocacy groups are often at odds with the public sentiment they claim to represent in filing briefs to the Supreme Court.
Our Best Stuff From the Week We Got New Threads
Plus, analysis of the big end-of-term Supreme Court decisions.
The Department of Education’s Legacy Admissions Complaint, Explained
The Supreme Court’s recent affirmative action decision has opponents aiming for further reforms.
A Tumultuous SCOTUS Term
Plus: Biden administration hit with court order limiting communications with Big Tech platforms.
Bureaucratic Wrangling Is No Substitute for Lawmaking
The histories of affirmative action and student loan forgiveness show that circumventing Congress made both programs vulnerable from the start.
Why Judicial Restraint Is Now Seen as Judicial Activism
In striking down Biden’s loan forgiveness, the Supreme Court upheld the separation of powers.
Justice Ketanji Brown Jackson Has the Wrong Job
She leans into political rhetoric when the law doesn’t take her side.