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Keith Whittington: The Troublesome Case of Lochner
I recently taught an undergraduate class on the history of civil liberties in the United States. After a class session on the U.S. Supreme Court case of Lochner v. New York (1905), a student came up...
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Our Postmodern Bill of Rights
Last week, John McGinnis had a characteristically insightful post on Our Two Supreme Courts. One is the political court—an aristocratic institution that restrains public passions. On that court, the...
View ArticleBuilding the Tiers of Judicial Review
In American constitutional law, it is common to speak of “levels of scrutiny” or “tiers of judicial review.” The terms refer to the degree to which the courts require government justification for a...
View ArticleConversations with the Notorious RBG
Justice Ruth Bader Ginsburg has become a great rock star for the left, even packing thousands of fans into a stadium in Arkansas. Some have compared this phenomenon to the enthusiasm in some quarters...
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