Implicit Bias in the Age of Trump
Vol. 133 No. 7
Introduction I am watching a video of Donald Trump, the forty-fifth President of the United States. He stands before a sea of white people,...
Supreme Court
Recent Statement: Chief Justice Roberts on Senate Minority Leader Schumer
On March 4, 2020, the Supreme Court heard oral argument in June Medical Services, LLC v. Russo, one of the most contentious cases on...
What’s Really at Stake in the Supreme Court’s Religious School Vouchers Case?
The Supreme Court has just heard oral argument in Espinoza v. Montana Department of Revenue, a high-profile case involving a Montana private school voucher program that a...
Congressional Intent and the Shadow Docket
Professor Stephen I. Vladeck’s recent essay in the Harvard Law Review entitled “The Solicitor General and the Shadow Docket” critiques the Solicitor General’s “unprecedented...
A Four-Decade Perspective on Life Inside the Supreme Court
Vol. 133 No. 3
The Chief: The Life and Turbulent Times of Chief Justice John Roberts. By Joan Biskupic. New York, N.Y.: Basic Books. 2019. Pp. 421. $32.00....
The Supreme Court Is Killing Contribution Limits Softly; A Few Years from Now They Likely Will Be Dead.
The Thompson v. Hebdon per curium opinion is the latest example of the Roberts Supreme Court’s hostility to reasonable money in politics reforms like...
The Statistics
Vol. 133 No. 1
Each year, the Harvard Law Review publishes a series of tables summarizing numerical trends from the Court’s most recent Term. The full text of...
Knick v. Township of Scott
Vol. 133 No. 1
The state-litigation requirement for takings claims has been subject to vitriol ever since its establishment in Williamson County Regional Planning Commission v. Hamilton Bank...
Delegation and Interpretive Discretion: Gundy, Kisor, and the Formation and Future of Administrative Law
Vol. 133 No. 1
Congress is supposed to write laws. So much seems apparent from the constitutional design, which in no uncertain terms vests “[a]ll legislative Powers herein...
Abolition Constitutionalism
Vol. 133 No. 1
Slavery has been fruitful in giving itself names . . . and you and I and all of us had better wait and see what new form...