Supreme Court

  • The Conservative Movement Has Captured SCOTUS. Now What?

    by Linda Greenhouse

    As the institution with the power to advance conservative goals without popular support, it was inevitable that the right would focus on packing the judiciary, explains veteran court reporter Linda Greenhouse. 

  • Haaland v. Brackeen: The Case that Could Break Native Sovereignty

    by Rebecca Nagle

    "The U.S. has been passing laws that treat tribes and tribal citizens differently from non-Native citizens since the founding of the republic. If that is unconstitutional, the entire legal structure defending the legal rights of Indigenous nations could crumble."

  • OAH, AHA File Joint SCOTUS Brief in Case Affecting Indigenous Adoption and Family Rights

    "If the court strikes down the ICWA in whole or in part, the decision could have devastating impacts on Native American families and, potentially, on federal Indian law writ large. Resuming the practice of Native child removal would cause active harm to Native families as well as jeopardize the future sovereignty of tribal governments.

  • Inside the Affirmative Action Cases Before SCOTUS

    Edward Blum is a longtime conservative legal activist who is leading lawsuits claiming that affirmative action in admissions violates the requirement that the constituiton be color-blind; whether there is any such principle is debatable. Includes insights from historians Hugh Davis Graham and Eddie R. Cole. 

  • SCOTUS Affirmative Action Cases Hinge on History of Brown and the 14th Amendment

    by Linda Greenhouse

    Neither Brown nor the 14th Amendment were driven by a belief in a "colorblind" Constitution; instead, they were rooted in the historically specific context of racial oppression. The plaintiffs in two cases before the court want to obscure that history, says veteran court reporter Linda Greenhouse.

  • Does Justice Jackson Offer a Path to Defend Rights Through Originalism?

    by Evan Turiano

    Abolitionists and the drafters of the Reconstruction Amendments understood that the legitimacy of broader claims to rights and citizenship depended on making a claim on the purposes set forth for the Constitution. Ketanji Brown Jackson's recent voting rights dissent suggests she hopes to revive that tradition. 

  • Lincoln Would have Had an Answer for the "Originalists"

    by Richard Striner

    The 16th President looked to the constitutional crises of his time and asked whether the document was created to serve the people or the other way around. Today he might ask the same of the Supreme Court.