If he had met a conservative Court on its own ground, the solicitor general could have notched a victory for liberalism—and helped safeguard campaign-finance protections.
The theory has not provided the clarity some of its early proponents had hoped it would.
The American republic has lasted for more than two tumultuous centuries. But can it survive Donald Trump?
Many critics believe that “defensive democracy” has no place in the American system, but it does, and in fact the country has put it to good use throughout history.
With the exception of himself and a few friends in black robes, the chief justice seems to view the federal government as a bunch of power-hungry hacks.
At the state level, countless factors will converge to produce unpredictable results.
How a suit related to a bizarre Pennsylvania love triangle risks upending the treaty-making powers George Washington fought for at the Constitutional Convention
A legal scholar offers a thorough look at a complicated question
The appearance of a formal double standard causes most of the bitterness associated with affirmative action