The Supreme Court’s Dramatic Left Turn The Supreme Court’s Dramatic Left Turn
Scalia’s death and Kennedy’s willingness to change his mind had enormous consequences.
Jun 29, 2016 / Editorial / David Cole
The Progressive Case for Hillary Clinton’s Incrementalism 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.
Jun 10, 2016 / David Cole
Michael Ratner, 1943–2016 Michael Ratner, 1943–2016
He pursued justice fearlessly, in the face of daunting odds.
May 11, 2016 / Editorial / David Cole
Will These 2 Court Cases Finally Hold Our Torturers Accountable? 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.
May 10, 2016 / David Cole
What’s Obscured by the Fight Over Merrick Garland 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.
Mar 22, 2016 / Editorial / David Cole
Scalia: the Most Influential Justice Without Influence in Supreme Court History 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.
Feb 18, 2016 / Editorial / David Cole
We’ve Used Racial and Ethnic Profiling for Centuries, and It Hasn’t Worked Yet 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.
Nov 25, 2015 / Editorial / David Cole
This Isn’t the Roberts Court—It’s the Kennedy Court 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.
Sep 24, 2015 / Feature / David Cole
The Roberts Court Tunes In to Democracy, for Once 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.
Jul 2, 2015 / Editorial / David Cole
Snowden’s Vindication Snowden’s Vindication
An appeals court declares the NSA’s data grab illegal.
May 13, 2015 / Editorial / David Cole