Red and Blue America Agree That Now Is the Time to Violate the Constitution

Scholarship

CO-AUTHORS Adam Chilton

PUBLISHER

The Atlantic

DATE

2020-03-25

Mila Versteeg

Kevin Cope

People of both parties seem rather okay with undermining core civil liberties in order to fight the pandemic.

Adam Chilton et al., Red and Blue America Agree That Now Is the Time to Violate the Constitution, The Atlantic (March 25, 2020).

Animus and Its Distortion of the Past
Joy Milligan
Do legal concepts alter how we understand the past and present? The jurisprudence of race suggests that they do. For several decades, federal courts... MORE
Public Rights and Taxation: A Brief Response to Professor Parrillo
Ann Woolhandler
A division exists between scholars who claim that Congress made only limited delegations to executive officials in the early Republic, and those who... MORE
FOSTA's Mess
Danielle K. Citron
In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like... MORE

Solidarity Federalism
Ruth Mason
Studies of federalism, especially in the United States, have mostly centered on state autonomy and the vertical relationship between the states and... MORE
Bad Faith Prosecution
Ann Woolhandler

Michael G. Collins
In our increasingly polarized society, claims that prosecutions are politically motivated, racially motivated, or just plain arbitrary are more... MORE
Models of Judicial Review
Mila Versteeg
Constitutional review is the power of a body, usually a court, to assess whether law or government action complies with the constitution. Originating... MORE

Separation-of-Powers Avoidance
Payvand Ahdout
When federal judges are called on to adjudicate separation-of-powers disputes, they are not mere arbiters of the separation of powers. By resolving a... MORE
Vaccine Passports as a Constitutional Right
Kevin Cope
Does the U.S. Constitution guarantee a right to a vaccine passport? In the United States and elsewhere, vaccine passports have existed for over a... MORE
Procuring Algorithmic Transparency
Elizabeth A. Rowe
Artificial intelligence tools (“AI”) have great potential to improve government functions and efficiency. These algorithmic tools, protected by trade... MORE

Is the Biggest Supreme Court Case This Term About Bacon?
Ruth Mason
Last month, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross, a Ninth Circuit case out of California dismissing... MORE
Post-Liberal Constitutionalism and the Right to Effective Government
David S. Law
Notwithstanding the efforts that have been made to pluralize the concept, constitutionalism continues to be identified closely with, and for many... MORE
Unoriginal Textualism
Frederick Schauer
The burgeoning debates about constitutional interpretation show no signs of abating. With surprisingly few exceptions, however, those debates involve... MORE

A Common Good Constitutionalist Feminism?
Julia D. Mahoney
In “A Constitution for the Common Good?” James Stoner argues that common good constitutionalism “deserves serious attention” as “a way of thinking... MORE
The City in the Future of Federalism
Richard C. Schragger
Cities have been largely absent from the theory and doctrine of federalism, especially in the US, where federalism discourse is invariably... MORE
Is it Legal to Travel for Abortion After Dobbs?
Naomi R. Cahn
When the Supreme Court recently returned the issue of abortion to the states, Justice Brett Kavanaugh indicated in his concurrence that interstate... MORE

Big 10: Constitutional law experts on what's next for Supreme Court
Bertrall Ross
"As a constitutional matter, Dobbs provides a clear opening for overturning Obergefell and returning the regulation of marriage to the democratic... MORE
Dobbs and the Relevance of Experience
Charles Barzun
Without question the most important thing about the Dobbs decision is its dramatic impact on the availability of abortion access for women in huge... MORE
Reactions to the Biden administration’s proposed Title IX changes from education law scholars
Kimberly J. Robinson
On June 23, 1972, President Nixon signed the Education Amendments Act of 1972. Title IX of the Act has become one of the most important, yet... MORE