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Many Americans are worrying about whether they will soon be living in a post-democracy autocracy. But in the meantime, they may already be living in …
This world is vast, dangerous, and dying. You take your first steps, uncertain of who you are, where you are going, or who is responsible …
This Essay takes as its jumping-off point Jack Balkin’s claim that judicial decisions both rely on constitutional memory and produce constitutional memory. It discusses the …
In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified by the Constitution’s “original meaning.” …
Sarah Best introduced herself to me in July 2019. She had worked that summer in the General Counsel’s Office at the U.S. Department of Education, …
And sometimes remembering will lead to a story, which makes it forever. That’s what stories are for. Stories are for joining the past to the …
New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions of the last several decades. …
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited …
Immediately following his inauguration, President Trump declared a national energy emergency in the United States. While the contours and implications of this declaration remain uncertain, …
In February 2023, Ashley Zukoski, an ultrasound technologist who already received health insurance through her employer, discovered she had been enrolled in a different plan …
Introduction Imagine you are charged with a felony. You are indigent, so the judge appoints a lawyer to represent you. Several months later, you are …
On March 15, 2025, the White House announced that President Trump had invoked an eighteenth-century wartime authority to order the summary removal of noncitizens who …