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Articles & Commentary

November 17, 2017

There are still about 40 open U.S. Attorney positions across the country, and nearly 140 Article III judicial vacancies. Meanwhile, the Justice Department’s mission still includes the commitment “to ensure fair and impartial administration of justice for all Americans.” Will Sessions take the opportunity to break from his ugly past, stake out independence from President Trump’s moral equivalency on racism post-Charlottesville, and live up to his Department’s mission by making our justice system look more like America?

November 17, 2017

On Nov. 29, the Supreme Court will hear oral argument in an important case called Carpenter v. United States. Although the question in the case may feel very modern — whether government agents can obtain the location data generated by cellphones without a warrant — history can tell us a lot about how the court should answer that question.

November 8, 2017

Masterpiece has urged the Supreme Court to announce a sweeping ruling that would gut public accommodations laws and subject same-sex couples—and others—to all manner of discrimination. At each turn, though, its arguments run headlong into binding First Amendment precedents authored by the chief justice. If Roberts follows these past rulings, he will vote to uphold public accommodations laws that help guarantee equal dignity for all persons, no matter whom they love. 

November 8, 2017

As President Trump travels through Asia this week, the American people should ask themselves: Will the president be acting only on behalf of us and our nation’s best interests? Or will he be on the lookout for ways to line his own pockets?

October 28, 2017

Ohio’s voter purge disenfranchises U.S. citizens because they choose not to vote. This constricts the electorate and harms our democracy. And it does so in contravention of a law passed by Congress. The Supreme Court should strike down Ohio’s voter purge policy.

October 20, 2017

President Trump may not like the fact that there are rules that slow down his administration’s ability to rewrite the regulations governing the contraception mandate, but those are the rules. They apply to him no less than they applied to President Obama.

October 10, 2017

The Harris County bail system denied ODonnell “equal protection of the laws” by demanding a sum of money she did not have to secure the same freedom that others with more money could buy. Disparity in treatment based on wealth turns a constitutional right into a privilege only for those who can afford it. The 5th Circuit should strike down this arbitrary imposition of bail and rule in ODonnell’s favor.

October 6, 2017

Neil Gorsuch—the newest member of the court—could benefit from watching and emulating his mentor and former boss.

October 4, 2017

Over the course of three decades on the Supreme Court, Justice Anthony Kennedy has developed a legacy as a passionate defender of the First Amendment.  In case after case, Kennedy has spelled out the structural role the First Amendment plays in our democratic system of government, insisting that the government may not discriminate against forms of speech or political association disfavored by the government.  Doing so, as Kennedy has explained, runs afoul of one of the First Amendment’s most basic rule--its prohibition on viewpoint discrimination.  The question

October 3, 2017

The High Court’s docket in the new term is brimming with cases of national interest and importance, the resolution of which will have far-reaching effects for all Americans. For anyone who ever ignored the importance of the courts in our everyday lives — from the workplace to the polling place — the justices are poised to grab our nation’s attention with a thunderclap.

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