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Supreme Court



  • A First Amendment Case that May be the Key to Trump's Impeachment Trial

    by Tony Mauro

    A First Amendment researcher offers a brief primer on Brandenburg v. Ohio, a case which Trump's legal supporters argue shields his January 6 rhetoric from criminal sanction because it was not purposefully aimed at inciting "imminent lawless action" – a claim critics say is blatantly contradicted by the subsequent actions of a mob a mile away from where Trump spoke.



  • Reintroducing Sonia Sotomayor

    by Irin Carmon

    After nearly 12 years since her appointment to the Supreme Court, writer Irin Carmon reviews Sonia Sotomayor's role on a changing court and the media outrage over her suggestion that purely color-blind justice is an illusion. 


  • Palin v. New York Times is a Textualist Land Mine for the First Amendment

    by Richard E. Labunski

    In June, trial will begin in Sarah Palin's libel case against the New York Times. The case appears to be teed up on a path to the Supreme Court, where the current "actual malice" standard for proving a public figure was libeled could be overturned. If this happens, the door will be open to lawsuits aimed at crushing press criticism of the government.



  • The Supreme Court We Need

    by Linda Greenhouse

    The veteran Supreme Court reporter argues that the nation needs the court to enable government to actually take action to solve big national problems. 



  • The History of 'Court Packing'

    Historian Julian Zelizer discusses the history and fallout of FDR's 1937 plan to "pack" the court, and similarities and differences that might come into play in 2021. 



  • Pack the Courts

    by Larry Kramer

    The former Dean of Stanford Law School argues "once cooperation breaks down, the only play to restore it is tit-for-tat. It’s the only way both sides can learn that neither side wins unless they cooperate."