The argument that constitutionalists should not object if President Obama replaces a liberal justice with another liberal (for 30 more years?) is absurd for several reasons, including that such simple political labels don’t fit what most judges do. More to the point, while Justice Stevens’s decisions frequently disappointed those who …
The American Founders recognized that federalism is essential to maintaining individual liberty in the United States. The Constitution therefore grants the federal government only certain limited powers which were specifically enumerated in the document, and thus requires the different sovereigns (state and federal) to compete for the affection of the …
On November 9th, the U.S. Supreme Court will hear oral arguments challenging the constitutionality of juvenile life without parole (JLWOP) sentences. In preparation for oral arguments, JLWOP: Faces & Cases will be an on-going series on The Foundry that will tell real stories about juvenile offenders who are currently serving …
Live reader chat with Robert Alt on Sotomayor and the Court