Most certainly the Washington Post editorial board can be very, very wrong. But in arguing that a solution for the problems of the courts is term limits instead of court-packing, I’d probably ag
On January 25, 1915, the Supreme Court decided the case of Coppage v. Kansas, allowing employers to force workers to sign yellow-dog contracts, making not joining a union a condition of employment. Th
The first time I gave a book talk about Out of Sight, there was someone in the audience who worked on these issues and couldn’t get past that I was calling on the American government to step in
In the initial Gilded Age, the courts took the 14th Amendment, tore it up as it applied to African-Americans, and created entirely new and unintended meanings for it as it applied to corporations, sta
This is the grave of Harry Blackmun. Born in 1908 in Nashville, Illinois, Blackmun grew up in Saint Paul, Minnesota. Somewhat incredibly, he went to elementary school with Warren Burger. Although he w
Imagine that your party has stacked the judiciary with ideologues willing to aggressively pursue your political agenda. The Supreme Court, having ruled in favor of electoral authoritarianism, is on th
The elite legal class sure struggles to admit the actual reality of modern legal politics. I really hate the way Trump and his allies such as Graham talk about the Supreme Court, as if they control it
On March 29, 1965, the U.S. Supreme Court rules for the defendant in the case of Textile Workers Union v. Darlington Manufacturing Company. In a 7-0 ruling the Court decided that a company could close