Mark Tushnet— Progressives both in Congress and outside it have begun to talk seriously about “Supreme Court reform” in the aftermath of Justice Ruth Bader Ginsburg’s passing and her replacement—as it now seems—by Judge Amy Coney Barrett. Discussions have focused on three possible methods of “rebalancing” the Supreme Court: enlarging
Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title VII of the 1964 Civil Rights Act extended to discrimination against gays, lesbians, and transgender people. Remarkably, both Justice Neil
Mark Tushnet— Donald Trump’s election and the first weeks of his presidency show us some of the ways in which the Constitution matters. When trying to understand how our constitutional system works, I like to identify three “parts” of the Constitution: rights, structures, and conventions. It’s easiest to focus our