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The Myth of Judicial Backlash
The failure of gay marriage in Maine proves one thing -- it's not the courts voters mobilize against; it's the issues.
November 12, 2009 | By Scott Lemieux | web only

In Defense of Confirmation Hearings
Sonia Sotomayor will spend the next week in the spotlight of Senate confirmation hearings. Attempting to "depoliticize" the process would not merely be impossible but undesirable.
July 13, 2009 | By Scott Lemieux | web only

Beyond Boumediene
The Supreme Court's decision in the most recent enemy combatant case was a reminder that Roe v. Wade is far from the only area of law in which treasured constitutional protections are hanging by a thread.
June 16, 2008 | By Scott Lemieux | web only

The Case Against Mukasey
He might look like a welcome change after Alberto Gonzales, but Mukasey's refusal to disavow the use of torture and excesses of executive power in the war on terror makes him a thoroughly unacceptable choice for attorney general.
October 26, 2007 | By Scott Lemieux | web only

Electoral Vote Shuffle
Current proposals to change the way electoral votes are apportioned via state-level legislation raise larger questions as to why our federal elections are run at the state level at all.
September 14, 2007 | By Scott Lemieux | web only

Bypassing Young Women's Abortion Rights
In her new book, Girls on the Stand: How Courts Fail Pregnant Minors, Helena Silverstein looks at the thicket of parental notification laws faced by young women seeking an abortion.
August 17, 2007 | By Scott Lemieux | web only

The Divider
Despite his promises to do the opposite, under Chief Justice John Roberts the Supreme Court has become more divided than at any point in recent history. But is that such a bad thing?
July 26, 2007 | By Scott Lemieux | web only

Scalia and Thomas: Originalist Sinners
How Thursday's ruling on school integration gives the lie to the two justices' supposedly devout "originalism."
June 29, 2007 | By Scott Lemieux | web only

The Good News for Gay Rights
Victories won by "undemocratic" courts -- like the Massachusetts Supreme Court, which legalized gay marriage in 2003 -- haven't produced the backlash that many pundits expected.
June 19, 2007 | By Scott Lemieux | web only

They Know Best
Melody Rose's book charts the rise of paternalism in Supreme Court doctrine on abortion.
May 1, 2007 | By Scott Lemieux | web only

Built to Last
A new book on the Supreme Court underscores the lasting importance of the Roberts and Alito appointments in shifting the Court rightward.
April 5, 2007 | By Scott Lemieux | web only

For Richer or Poorer
The Roe decision was about class, too.
January 22, 2007 | By Scott Lemieux | web only

Partial-Birth's Trojan Horse
Why the Supreme Court's looming decision on partial-birth abortion bans actually matters.
November 20, 2006 | By Scott Lemieux | web only

Judged Dred
What a new book on the Dred Scott case teaches us about scapegoating courts.
October 6, 2006 | By Scott Lemieux | web only

Courts Dismissed
It's a myth that judicial interventions inevitably provoke a stronger public backlash than those made by legislatures.
July 21, 2006 | By Scott Lemieux | web only

Men Overboard
It's not just "contrarian" for center-left pundits to claim Roe doesn't matter. It's stupid.
June 18, 2006 | By Scott Lemieux

In Defense of Roe
From the archives: It is difficult to know when a contrarian idea has been repeated so much as to become the new conventional wisdom. However, it's not just "contrarian" for center-left pundits to claim Roe v. Wade doesn't matter. It's stupid.
June 18, 2006 | By Scott Lemieux

Endangering Roe
There are many -- and subtle -- clues to an Alito court in Ayotte v. Planned Parenthood.
December 2, 2005 | By Scott Lemieux | web only

Chipping Away
If conservatives want to abolish abortion rights without overturning Roe v. Wade, Samuel Alito may be just the man they need.
November 2, 2005 | By Scott Lemieux | web only

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