David Cole
Legal Affairs Correspondent
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Supreme CourtJune 29, 2016
The Supreme Court’s Dramatic Left Turn
Scalia’s death and Kennedy’s willingness to change his mind had enormous consequences.
David Cole
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Election 2016June 10, 2016
The Progressive Case for Hillary Clinton’s Incrementalism
On most issues we care about, the differences between Bernie and Hillary are more strategic than substantive.
David Cole
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LawMay 11, 2016
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International LawMay 10, 2016
Will These 2 Court Cases Finally Hold Our Torturers Accountable?
They may confirm that since torture is a war crime, it can never be a policy option.
David Cole
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The stakes are higher now than ever. Get The Nation in your inbox.
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Supreme CourtMarch 22, 2016
What’s Obscured by the Fight Over Merrick Garland
The real battle for the future of the Supreme Court is not his nomination but the presidential election—the winner will determine the shape of constitutional law for generations.
David Cole
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Supreme CourtFebruary 18, 2016
Scalia: the Most Influential Justice Without Influence in Supreme Court History
He was on the losing side during much of his tenure, and his theory of originalism never attracted majority support.
David Cole
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November 25, 2015
We’ve Used Racial and Ethnic Profiling for Centuries, and It Hasn’t Worked Yet
Too many politicians choose to play to the lowest common denominator, pushing measures that make them sound tough but respond to no identifiable problem.
David Cole
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Supreme CourtSeptember 24, 2015
This Isn’t the Roberts Court—It’s the Kennedy Court
The Court’s results are mixed, not because of John Roberts’s leadership but because of Anthony Kennedy’s more balanced commitments.
David Cole
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Supreme CourtJuly 2, 2015
The Roberts Court Tunes In to Democracy, for Once
In the marriage-equality and Obamacare rulings, the justices respected the will of the people—and our Constitution.
David Cole
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National SecurityMay 13, 2015