Supreme Court

If Senate Democrats Are Sick of Losing, They Should Try Fighting

If Senate Democrats Are Sick of Losing, They Should Try Fighting If Senate Democrats Are Sick of Losing, They Should Try Fighting

As a first step, that means making Sheldon Whitehouse the Democratic leader of the Senate Judiciary Committee.

Dec 1, 2020 / Elie Mystal

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Letters From the December 14/21, 2020, Issue Letters From the December 14/21, 2020, Issue

Moneyball… Roe reversal… Remembering Steve…

Dec 1, 2020 / Letters / Our Readers

Trump claps for Amy Coney Barrett

Democrats Must Keep Their Eyes on the Supreme Court Democrats Must Keep Their Eyes on the Supreme Court

While court reform is off the table until at least 2023, Democrats must use the next two years to figure out how best to fix the court.

Nov 16, 2020 / Column / Elie Mystal

The Affordable Care Act May Live to Die Another Day

The Affordable Care Act May Live to Die Another Day The Affordable Care Act May Live to Die Another Day

The oral arguments for the latest challenge to the ACA, played out before an ultraconservative Supreme Court, appeared to go about as well as anyone could have hoped.

Nov 11, 2020 / Elie Mystal

Pennsylvania Voter

Trump Doesn’t Have a Path to Victory Through the Courts Trump Doesn’t Have a Path to Victory Through the Courts

While the election remains uncomfortably close, Trump’s attempts to use far-fetched legal arguments to stop vote counting in states like Pennsylvania are unlikely to succeed.

Nov 5, 2020 / Elie Mystal

The Next Battle Is to Stop Trump From Sabotaging the Count

The Next Battle Is to Stop Trump From Sabotaging the Count The Next Battle Is to Stop Trump From Sabotaging the Count

The White House election endgame is declaring victory before the votes are counted to prevent a full tally. Progressives need a strategy to stop this.

Nov 2, 2020 / Jeet Heer

Donald Trump speaks to Amy Coney Barrett

The Supreme Court Has Never Been on the Side of Working People The Supreme Court Has Never Been on the Side of Working People

If Democrats could acknowledge it’s a political institution, they’d have a chance to harness its power.

Oct 29, 2020 / Editorial / D.D. Guttenplan for The Nation

Make McConnell Pay for Amy Coney Barrett

Make McConnell Pay for Amy Coney Barrett Make McConnell Pay for Amy Coney Barrett

A Republican Senate majority representing a minority of voters just packed the court with another right-wing judicial activist. This is why Senate races matter.

Oct 28, 2020 / John Nichols

Brett Kavanaugh and Donald Trump

Brett Kavanaugh Prepares to Upend Election Rules to Benefit Donald Trump Brett Kavanaugh Prepares to Upend Election Rules to Benefit Donald Trump

In a footnote to a concurrence that restricted vote counting in Wisconsin, the justice included an ominous reference to Bush v. Gore.

Oct 27, 2020 / John Nichols and Joan Walsh

Amy Coney Barrett

Republicans Have Confirmed Amy Coney Barrett—and Officially Captured the Supreme Court Republicans Have Confirmed Amy Coney Barrett—and Officially Captured the Supreme Court

There’s no longer any way for Democrats to stop her from ascending to the court, but they can stop her bad decisions from ruining millions of lives. They just need to get tough.

Oct 26, 2020 / Elie Mystal

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