Herman Schwartz

Herman Schwartz, a professor of law at the American University, is the author of Right Wing Justice: The Conservative Campaign to Take Over the Courts (2004) and editor of The Rehnquist Court (2002), based on an October 9, 2000, special issue of The Nation.

The Antidemocratic Theory Endorsed by the Supreme Court’s Conservatives

The Antidemocratic Theory Endorsed by the Supreme Court’s Conservatives The Antidemocratic Theory Endorsed by the Supreme Court’s Conservatives

A case that may be reviewed this year could dramatically reduce oversight of state election processes, enabling gerrymandering, voter suppression, and electoral fraud.

Sep 20, 2022 / Herman Schwartz

Schumer, Biden, and Pelosi

Attention, Democrats: The Constitution Trumps the Filibuster Attention, Democrats: The Constitution Trumps the Filibuster

In the case of voting rights legislation, the filibuster is not applicable, or even relevant.

Jan 10, 2022 / Herman Schwartz

Colstrip coal plant

Trump’s EPA Is Poisoning Our Children Trump’s EPA Is Poisoning Our Children

Rolling back environmental laws leaves kids vulnerable to lead, asbestos, insecticides, and other toxic pollutants.

Aug 13, 2018 / Herman Schwartz

Trump’s Assault on Immigrants Will Seriously Damage the Economy

Trump’s Assault on Immigrants Will Seriously Damage the Economy Trump’s Assault on Immigrants Will Seriously Damage the Economy

The key sectors in which we can expect growth are dependent on immigrant labor.

Mar 15, 2017 / Feature / Herman Schwartz

The Death of the Class-Action Lawsuit?

The Death of the Class-Action Lawsuit? The Death of the Class-Action Lawsuit?

Class actions were the weapon of the people—until the Roberts Court made it nearly impossible to file one.

Sep 24, 2015 / Feature / Herman Schwartz

How Consumers Are Getting Screwed by Court-Enforced Arbitration

How Consumers Are Getting Screwed by Court-Enforced Arbitration How Consumers Are Getting Screwed by Court-Enforced Arbitration

The Supreme Court has given financial institutions and employers a license to do wrong—and it’s hitting the poor especially hard.

Jul 8, 2014 / Herman Schwartz

Obama’s Federal Judiciary Failures

Obama’s Federal Judiciary Failures Obama’s Federal Judiciary Failures

Republicans have been blocking Obama's nominations—but the president’s refusal to fight back is part of the problem.

Jan 2, 2013 / Editorial / Herman Schwartz

The Bork Legacy

The Bork Legacy The Bork Legacy

Bork was denied a seat on the Supreme Court because he was a right-wing zealot, not because of campaign of liberal lies.

Dec 20, 2012 / Herman Schwartz

Rewriting Antitrust Law Rewriting Antitrust Law

Helping the big get bigger, the strong get stronger.

Sep 13, 2012 / Feature / Herman Schwartz

How the Supreme Court Came to Embrace Strip Searches for Trivial Offenses How the Supreme Court Came to Embrace Strip Searches for Trivial Offenses

The Fourth Amendment was designed to guard against arbitrary governmental authority. That shield has been shattered, leaving our liberty and personal integrity subject to the whi...

Aug 16, 2012 / Herman Schwartz

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