August 4, 2022
Is this a vague, unworkable standard or simply what we might call “law”?
All articles by this author
August 4, 2022
Is this a vague, unworkable standard or simply what we might call “law”?
October 29, 2020
The Supreme Court in crisis
A few days ago, McConnell told his Republican caucus that the new 6–3 majority is something the public “won’t be able to do much about for a long time to come.” But his confidence in the long view is misplaced. A constitutional crisis, by definition, throws into doubt the certainty or predictability of things; it is a turning point, a moment for decision and judgment. Our moment of crisis calls for the rendering of judgment on the following question: will the majority of the country allow an anti-constitutional minority, empowered by an anti-democratic constitution, to rule in perpetuity?