In Memoriam: Justice David H. Souter
The editors of the Harvard Law Review respectfully dedicate this issue to Justice David H. Souter.
Vol. 139 No. 2
Supreme Court
The Undone Business of the Warren Court
Response to To a Conservative Warren Court
Vol. 139 No. 1
Professor Richard Re’s Foreword pursues a comparison between the Warren Court and the current Court in the hope that “[s]eeing the similarities between these...
Perttu v. Richards
Party presentation revisited
To a Conservative Warren Court
Vol. 139 No. 1
The Warren Court’s legacy is ubiquitous. With the eponymous Chief Justice Warren at the helm, the Supreme Court featured a
strong majority of left-of-center jurists, and those “liberal lions” ruled (or roared) accordingly.
Interim Orders, the Presidency, and Judicial Supremacy
Vol. 139 No. 1
Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
Medina v. Planned Parenthood: The Supreme Court’s Making of the New Jane Crow
Vol. 139 No. 1
If the Warren Court reflected nearly twenty years of jurisprudence dismantling ugly systems of oppression and institutional injustice that embedded invidious practices and policies into American law and society...
Skrmetti Beyond Scrutiny
Vol. 139 No. 1
In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.
The Structure of Religious Preference
Vol. 139 No. 1
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
Free Speech Coalition, Inc. v. Paxton
Vol. 139 No. 1
The Supreme Court has consistently confirmed that nonobscene sexually explicit content is First Amendment–protected expression. It has treated this sexually explicit content the same...
TikTok Inc. v. Garland
Vol. 139 No. 1
Since it burst into American public consciousness in 2018, TikTok has amassed roughly 170 million monthly U.S. users and more than one billion worldwide...