A Journal of Ideas

Supreme Court

What the Kavanaugh Debacle Has Revealed

"Trust us, we know him" was never a convincing endorsement.

By Nathan Pippenger

The Right Against the Law

So state courts hand down decisions you don’t like. What do you do? If you’re on the right, try to defund the courts.

By James Traub

Scalia Was Wrong On Gun History, But That's Not The Point

New findings suggest that Scalia's Heller opinion was mistaken about the phrase "bear arms," but that's no reason to replicate originalist arguments.

By Nathan Pippenger

Labor’s Janus-Faced Juncture

Janus was the god of turning points and transitions. Now a Supreme Court case that bears this name threatens to mark a watershed for organized labor, and not a good one.

By Joseph A. McCartin

Now We Know Why He Chose Gorsuch

The newest justice joins Thomas and Alito in a decision that bodes ill for defeating the travel ban.

By Scott Lemieux