Rucho and Section 2 of the Voting Rights Act
The Court’s decision in Rucho will have profound and disastrous implications for the 2020 redistricting cycle and beyond. But it may also foreshadow the endgame for Section 2
Gundy, Raich, and Faustian Bargains
In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.
John Roberts the Institutionalist?
If his decision to join the dissent in Gundy v. United States is any sign of things to come, John Roberts the institutionalist has left the building
Versus Trump: A Ninth Circuit Compromise
This week on Versus Trump, Jason and Charlie discuss the Ninth's Circuit's recent somewhat cryptic, compromise decision regarding the ban on service by transgender individuals in the military. Listen now!
Legitimacy and the Supreme Court
It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.