The Abortion Debate Isn’t As Partisan As Politicians Make It Seem

… The debate over Brett Kavanaugh, President Trump’s nominee to replace Anthony Kennedy on the Supreme Court, is likely to be dominated by discussion about abortion as the court, if Kavanaugh is confirmed, would have five solidly conservative justices, which may mean it’s willing to strike down Roe v. Wade. […] Read more »

Is the Supreme Court’s legitimacy undermined in a polarized age?

The U.S. Supreme Court. Shutterstock Kevin J. McMahon, Trinity College When I learned Justice Anthony Kennedy would retire, my thoughts went immediately to the confirmation of the newest justice, Neil Gorsuch. The Senate’s confirmation of Gorsuch was unprecedented in the history of the country. Never before had a “minority president” […] Read more »

Justice delayed: The Supreme Court is often behind the country

With Justice Anthony Kennedy’s retirement from the Supreme Court, the America of 1950 is now positioned to write the legal rules for the America of 2050. That may slightly overstate the likely longevity of the five-member conservative Supreme Court majority that will lock into place if and when the Senate […] Read more »