Why Anthony Kennedy Was a Moderating Force on the Supreme Court Why Anthony Kennedy Was a Moderating Force on the Supreme Court
He was a conservative, but he had an open mind—and he was receptive to the concept of an evolving Constitution.
Jul 3, 2018 / David Cole
Refusing to Serve Sarah Sanders Was Wrong Refusing to Serve Sarah Sanders Was Wrong
So why can’t those who sympathize with her see that it’s far more harmful to refuse to serve gay and lesbian couples, as Masterpiece Cakeshop did?
Jun 26, 2018 / David Cole
The Long Road to ‘Citizens United’ The Long Road to ‘Citizens United’
Adam Winkler's new history argues that the problem with "Citizens United" is its inability to see the distorting effects of concentrated wealth.
Jun 6, 2018 / Books & the Arts / David Cole
How Will the Supreme Court Treat Donald Trump? How Will the Supreme Court Treat Donald Trump?
His administration has repeatedly abandoned judicial precedent to please its radical base. Will the Court stand up for the rule of law?
May 10, 2018 / David Cole
Could It Happen Here? Donald Trump, Tony Judt, and the Future of American Democracy Could It Happen Here? Donald Trump, Tony Judt, and the Future of American Democracy
Is Trump’s election a step on the road to authoritarianism, or is he an anomaly? That depends—on us.
Mar 6, 2018 / David Cole
Public-Sector Union Fees Don’t Violate the First Amendment Public-Sector Union Fees Don’t Violate the First Amendment
The argument behind "Janus v. AFSCME" is based on a faulty premise.
Feb 23, 2018 / David Cole and Amanda Shanor
How the Courts Have Stymied Trump How the Courts Have Stymied Trump
Along with citizen activism, they have proven to be an important safeguard of constitutional liberty—but the Supreme Court has yet to weigh in.
Jan 30, 2018 / David Cole
Owen Fiss and the Liberal Legal Tradition Owen Fiss and the Liberal Legal Tradition
The legal theorist’s case for how the Constitution can be a vehicle for civil rights and social justice.
Oct 26, 2017 / Books & the Arts / David Cole
Trump’s Election Win Is Already Being Felt on the Supreme Court Trump’s Election Win Is Already Being Felt on the Supreme Court
Neil Gorsuch looks to be just as conservative as Scalia—and if Trump gets to replace Kennedy, the Court will be as conservative as it’s been in a century.
Jun 28, 2017 / David Cole
How Should We Investigate Trump’s Firing of Comey? How Should We Investigate Trump’s Firing of Comey?
We need a special prosecutor—but an independent commission or select congressional committee would also help.
May 17, 2017 / David Cole