Abstract When federal courts possess both the authority and the obligation to halt ongoing constitutional violations yet refuse to act, they do not merely step aside. They become complicit. This Article introduces a complicity framework for...
Abstract The U.S. Supreme Court now has vast control over its agenda: It has the power to pick and choose not only what cases it will hear through writs of certiorari, but also what specific legal questions within those cases it will consider. As a...
Abstract The Supreme Court has birthed a public law revolution. This revolution should not be known as a constitutional revolution because it is bigger than constitutional law—it covers statutory and administrative law as well. This revolution has...
Abstract An important conversation is happening in U.S. politics about the appropriate role of the U.S. Supreme Court and about the Court’s increasing involvement in highly politicized, controversial policy areas. Many scholars agree that the Court...
Abstract The Roberts Court’s embrace of the conservative Christian agenda—from religious liberty to the erosion of the separation of church and state—has been well documented. This Article contributes to this growing body of scholarship by coining...
Abstract In the 1930s, like today, our nation faced a crisis of oligarchy: too much wealth and political power concentrated in too few hands. Like today’s liberals and progressives, the New Dealers aimed to enact social and economic reforms that...
