David Cole

The End of Roe

A symposium of writers on a future without the right to reproductive freedom.

A Heedless Majority

In voting to overturn Roe, the Trump-appointed justices on the Supreme Court have proven themselves to be truly radical.

When Rights Went Right

Is the American conception of constitutional rights too absolute?

The University and Freedom of Expression

It is no mere academic matter if Georgetown Law succumbs to pressure to fire Ilya Shapiro over a pair of offensive tweets.

Let the Decision Stand

Every argument against Roe was squarely rejected in the Supreme Court’s 1992 Casey decision, and nothing has changed since then except the composition of the Court.

Surprising Consensus at the Supreme Court

With narrow rulings in many of its most controversial cases, the Court defied predictions of a sharp turn to the right.

Armed with Arguments

“Today, the NRA is on the defensive, and the gun control movement is stronger. That political fight will more likely determine gun regulation than the Supreme Court.”

A Rush to Execute

In six months, the Trump administration put to death over three times as many people as the federal government had executed in the previous six decades.

Can Liberals Win in a Conservative Court?

Recent history suggests the justices don’t like being too out of step with the country—especially if they feel under scrutiny. So that’s our job: watch them.

A New Assault on Marriage Equality

A case before the Supreme Court tests whether its conservative justices will violate their long-standing constitutional principles in order to expand religious liberty.

Ruth Bader Ginsburg, 1933–2020

The late justice not only wrote about the connection between sex equality and liberty; she lived it.

Ruth Bader Ginsburg, 1933–2020

Her career illustrates that one can be radical and incrementalist at the same time; indeed, as she argued, it may be the only way to achieve enduring change.

The Court’s Declarations of Independence

In the end, the Supreme Court’s 2019–2020 term was much less conservative than anyone had expected.

Less Punishment, More Justice

We need to rethink the institutional structures that will determine criminal justice policy for years to come.

Why We Need Postal Democracy

In the coronavirus pandemic, Republicans may have discovered the ultimate voter suppression tactic.

Trump Is Not Exempt

Donald Trump boasted he could shoot somebody in the middle of Fifth Avenue and not lose voters. He now argues that as president he couldn’t even be investigated for doing so.

‘Sex’ at the Supreme Court

At issue is whether lesbian, gay, bisexual, and transgender people have a right to be treated equally in the workplace

Keeping Up Appearances

‘The Chief: The Life and Turbulent Times of Chief Justice John Roberts’ by Joan Biskupic and ‘The Company They Keep: How Partisan Divisions Came to the Supreme Court’ by Neal Devins and Lawrence Baum

The US Constitution Brought to Life

The Constitution is both a very old document written by dead white men and a living commitment, spanning centuries, to strive together to uphold a set of fundamental values. Critical engagement is what is called for—and that is precisely what Heidi Schreck provides. 

An Indictment in All But Name

The Mueller report portrays a consistent pattern of deception and repeated efforts to impede the investigation.