The U.S. Supreme Court’s decisions interpreting the U.S. Constitution in general and the Reconstruction Amendments in particular substantially constrain the ability of legislative and executive actors to address a variety of hot-button political issues, including abortion, gay rights, and affirmative action. So important are the Court’s decisions that the ability to appoint Justices who will shift the Court’s direction has been a central issue in recent presidential campaigns. Throughout history, decisive shifts in the Court’s composition have resulted in correspondingly dramatic shifts in constitutional doctrine. Yet surprisingly, these dramatic shifts have occurred with the Court rarely overturning any precedent. Although others have ...
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Co...
The concern here is with the normative status of legislative precedents for an originalist Congress:...
article published in law reviewHow far can you stretch precedent before it breaks? The 2002 Term sug...
The U.S. Supreme Court’s decisions interpreting the U.S. Constitution in general and the Reconstruct...
Abstract: A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the ...
For a while it appeared likely that the hearings on the Supreme Court nomination of then-Judge Brett...
The Constitution does not talk about precedent, at least not explicitly, but several of its features...
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional...
This Article concerns the interplay between judicial review and Article V of the Constitution, which...
As an originalist matter, what degree of logistical power did the Framers of the Reconstruction Amen...
Constitutional interpretation, as it is usually conceived, looks to the past-to an old text, to hist...
Supreme Court justices have fundamentally competing perspectives regarding the best approach to cons...
This article analyzes if Justice Marshall is correct in castigating the Rehnquist Court and assertin...
One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time...
A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controvers...
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Co...
The concern here is with the normative status of legislative precedents for an originalist Congress:...
article published in law reviewHow far can you stretch precedent before it breaks? The 2002 Term sug...
The U.S. Supreme Court’s decisions interpreting the U.S. Constitution in general and the Reconstruct...
Abstract: A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the ...
For a while it appeared likely that the hearings on the Supreme Court nomination of then-Judge Brett...
The Constitution does not talk about precedent, at least not explicitly, but several of its features...
The confirmation process for Supreme Court justices is examined as a form of indirect constitutional...
This Article concerns the interplay between judicial review and Article V of the Constitution, which...
As an originalist matter, what degree of logistical power did the Framers of the Reconstruction Amen...
Constitutional interpretation, as it is usually conceived, looks to the past-to an old text, to hist...
Supreme Court justices have fundamentally competing perspectives regarding the best approach to cons...
This article analyzes if Justice Marshall is correct in castigating the Rehnquist Court and assertin...
One perspective on the Supreme Court is to see it as a manager of legal change. At a particular time...
A recent decision by a panel of the Court of Appeals for the Eighth Circuit enlivened the controvers...
This Article examines the profound role that ideological cohesion plays in explaining the Supreme Co...
The concern here is with the normative status of legislative precedents for an originalist Congress:...
article published in law reviewHow far can you stretch precedent before it breaks? The 2002 Term sug...