Tag: Supreme Court

‘Remember the Ladies’

When the great-grandmothers of today’s young women were born, women couldn’t vote. They were expected to be mothers and homemakers. When the grandmothers of today’s young women were born, women had no legal protections against discrimination in education, jobs or credit. The Supreme Court said “Equal Protection” in the 14th Amendment didn’t include women. When

Originalism vs. a living Constitution

Is the Constitution dead or alive?  The late Justice Antonin Scalia, long the chief advocate of originalism on the Supreme Court, was unequivocal. “The constitution that I interpret is not living but dead,” he said in a 2008 speech.  His counterpart, the late Justice William J. Brennan Jr., intellectual leader of the Warren Court, was

The Supreme Court is losing legitimacy

The Supreme Court’s decision overturning Roe v. Wade has resulted in the steepest drop in respect for the U.S. Supreme Court in almost a century – the steepest since the Roosevelt court packing crisis of 1937. James L. Gibson, a political science professor at Washington University and national expert on the subject, wrote in September