Supreme Court dissents have it all: brilliant writing, surprising reasoning, shade, puns, and sometimes historic impact. Although they are necessarily written by... more
Lady Justice is often depicted wearing a blindfold, signifying that judges are neutral arbiters of the law. Unfortunately, thanks for... more
The government’s deprivation of life, liberty, or property is legitimate only if preceded by certain procedural protections—better known as due process of... more
The federal government is brimming with hundreds of agencies and millions of employees, many of whom enjoy some independence from... more
A central feature of our Constitution’s separation of powers is that Congress is charged with making the law, and it... more
In 1978, amid a sordid history of Native American children being taken from their families and placed in custody of... more
In 1944, the Supreme Court upheld the wartime internment of Japanese-Americans. It’s the first time the court applied strict scrutiny... more
In this bonus episode, the ladies tell the sad tale of John Rutledge, the first Supreme Court nominee rejected by... more
Dairy and apples and whiskey and wine. Many of our favorite things have turned in up cases involving the Commerce Clause... more
Supreme Court Justice Clarence Thomas is well known for his heterodox legal views and willingness to stick to his principles.... more
What are “navigable waters of the United States”? It’s a question agency bureaucrats and property owners have battled over since... more