Democratic Justice: Felix Frankfurter, The Supreme Court, and the Making of the Liberal Establishment
By Brad Snyder. New York, N.Y.: W.W. Norton & Company. 2022. Pp. 979. $45.00.
Vol. 136 No. 4
Supreme Court
A Plea for Affirmative Action
Vol. 136 No. 3
Affirmative action in the form of race-conscious admissions is being legally challenged by a conservative activist organization . During the Supreme Court’s 2022 October...
Personal Precedent at the Supreme Court
Vol. 136 No. 3
Personal precedent is a judge’s presumptive adherence to her own previously expressed views of the law. This Essay shows that personal precedent both does...
Complicit Bias and the Supreme Court
Response to Race in the Roberts Court
Vol. 136 No. 2
The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. Three generations of imbeciles are enough. Justice Oliver Wendell...
Discrimination Blocking: A New Compelling Interest for Affirmative Action
Vol. 136 No. 2
In 1951, a promising young student submitted his application to the School of Theology at Boston University. His application was compelling but contained a...
The Common Law as Statutory Backdrop
Vol. 136 No. 2
This Article provides the first empirical and doctrinal analysis of how the modern Supreme Court uses the common law to determine statutory meaning, based on a study of 602 statutory cases decided during the Roberts Court’s first fourteen and a half Terms.
Racism, Abolition, and Historical Resemblance
Forum response to Professor Bridges' Foreword
Response to Race in the Roberts Court
Vol. 136 No. 1
The Imperial Supreme Court
Vol. 136 No. 1
The past few years have marked the emergence of the imperial Supreme Court. Armed with a new, nearly bulletproof majority, conservative Justices on the...
A Label Covering a “Multitude of Sins”: The Harm of National Security Deference
Forum response to Professor Chesney's Comment
Response to No Appetite for Change: The Supreme Court Buttresses the State Secrets Privilege, Twice
Vol. 136 No. 1
The Statistics
Vol. 136 No. 1
Each year, the Harvard Law Review publishes a series of tables summarizing numerical trends from the Court’s most recent Term. Download PDF Interactive Visualizations