In the Slaughter and Cook cases, the Supreme Court misread history with an unmistakable result: two fundamentally irreconcilable decisions, argue @andreascoseriakatz.bsky.social (Andrea Scoseria Katz) and janemanners.bsky.social (Jane Manners).

Presidents are subject to the law. They are not above it, and they must respect the laws Congress passes. Brennan Center experts discuss the latest Supreme Court term on The Briefing with Michael Waldman: bit.ly/4w1z3P6

Celebrate the 250th birthday of our revolution against a king by getting mad at SCOTUS's attempted counterrevolution this past week.

underappreciated that the racist and lawless position adopted by 4 justices in the birthright citizenship case a few days ago was considered and rejected by justices in *1898* who were like oh woof that's too racist and lawless even for us ballsandstrikes.org/scotus/birth...

Spoke to @adamserwer.bsky.social on why the birthright citizenship dissents make no sense.

Talked with @mawaldman.bsky.social @brennancenter.org about everything SCOTUS is getting wrong (independent agencies) even when it sometimes gets something right (birthright citizenship, but barely), and what the Court's use of originalism is really all about. www.youtube.com/watch?v=Erbf...

Spoke to @zoetillman.bsky.social about the chaos the Court created with Slaughter, and some of the opportunities that remain for future litigation. www.bloomberg.com/news/article...

The Supreme Court managed to get the right answer on birthright citizenship. But it flunked just about every other test this term. The Court's failures put our democracy at risk. @tomtmwolf.bsky.social and @sam-breidbart.bsky.social explain.

Lotta great cameos in the footnotes in Jackson's concurrence.

"While Trump v. Barbara was a weighty case, it shouldn’t have been a hard one. And the decision does not make the court some guardian of multiracial democracy. This court has been taking a sledgehammer to it throughout this term." Me and @tomtmwolf.bsky.social in @ms.now ms.now/opinion/supr...

Justice Jackson built off the essential work of @katemasur.bsky.social and @marthasjones.bsky.social, as reflected in their brief. And just as importantly -- she demonstrated how history can contribute to constitutional meaning-making in a non-originalist register.

SCOTUS did what it needed to do on birthright citizenship (though only barely). But let's not celebrate them. This term has been a rolling disaster for multiracial democracy. @tomtmwolf.bsky.social and I elaborate here: www.ms.now/opinion/supr...

All this matters. Here's our brief, with immense thanks to @marthasjones.bsky.social @brennancenter.org Kendall Brill & Kelly and many others.

With so many others I'm relieved that SCOTUS upheld birthright citizenship. And yes, it shouldn't have been this close. Please, everyone, read Justice Jackson, who gives a particularly forthright account of the relevant history and emphasizes the stakes for this country.

BREAKING: SCOTUS upholds the long-standing American tradition of birthright citizenship. Today’s ruling is the right one amid an avalanche of Supreme Court opinions undermining our democracy.

How is it "playing on their terrain" to show that the practice was always more complex that the majority opinion pretends to deny? This is not an appeal to original intention, understanding or public meaning. It says there is a long record of decisions that undermine any originalist riff.

This Court has already handed presidents sweeping immunity from prosecution. Now it's giving them greater power to pressure agencies — and to punish enemies and reward friends. 4/4

BREAKING: Today was another power grab by the Supreme Court — and a big increase in power for unaccountable presidents. 1/4

There is a pernicious and sustained effort to distort the historical record and do violence to the public’s memory.

We are excited to welcome Kate Andrias, Olatunde Johnson, William Novak, Alice O’Brien, and Julie Suk as the new class of Polan Fellows. Drawn from the law and academia, the fellows will join the fight for the future of the U.S. Constitution. bit.ly/4uz5LGn

Jalen Brunson: “You’re allowed to think about the worst possible scenario. But you gotta go out there and do something about it.” A good mantra for fighting fascism too.

[crying, choking, vomiting] BING BONG

look at the world. History adds another dimension to our view of the world and enriches our experience. If it is a self-identity that we want, then history deepens and complicates that identity by showing us how it has developed through time. It tells us how we got to be the way that we are.”

On developing a historical sense: “To possess a historical sense does not mean simply to possess information about the past. It means to have a different consciousness, a historical consciousness, to have incorporated into our minds a mode of understanding that profoundly influences the way we/

some my favorite Gordon Wood quotes: “History does not teach lots of little lessons. Insofar as it it teaches any lessons, it teaches only one big one: that nothing ever works out quite the way its managers intended or expected.” /

I hopped on the @brennancenter.org weekly podcast to talk about SCOTUS's approach to big presidential power questions. Stick around for words on what to remain hopeful for...

the supposedly "originalist" unitary executive theory has led us to a point where the president is claiming the sovereign authority to force all institutions, public or private, to bend to his will or suffer the consequences www.nytimes.com/2026/06/02/u...

feel like i'm repeating myself a bunch here but the unitary executive is grounded more in some rousseauian idea of the "general will" than it is anything in the american political tradition

Your regular reminder that the Supreme Court's opinion gifting presidents immunity from criminal prosecution is an anti-constitutional travesty that needs to be wiped off the books as soon as possible.

He tried but couldn’t figure out the screen

"The supercharged bad faith of constitutional originalism threatens everything we hold dear."

My hottest parenting take is that Raffi is not only the great to ever do it, but he’ll probably never be bested. Michael Phelps-ass children’s songwriter.

if this keeps up i'm going to have to make this my new cell phone ring tone www.youtube.com/watch?v=Srwi...

Thrilled to share my latest, with @rickhills.bsky.social, in @dukelaw.bsky.social’s DLJ! Presidential Administration After Arthrex tries to work within the Supreme Court’s current Article II jurisprudence to reconcile a powerful, democratic president with competent administration. (1/3)

the Knicks are leading 60-19, which is actually higher than the scoring margin on the scoreboard in this Space Jam gag before it says "kinda one sided isn't it"

Alito also notes that Black turnout reached near parity with White turnout in 2 of the past 5 presidential elections. But which two, Justice Alito?? Oh, the LAST TWO before Shelby County? You don't say!

This 2024 post from my colleague @cisozaki.bsky.social is, sadly, even more relevant in light of today's Supreme Court ruling undermining what's left of the Voting Rights Act... www.brennancenter.org/our-work/ana...

The Roberts Court has made American democracy much worse today. Congress has an urgent obligation to act. 2/2

BREAKING: The Supreme Court has completed its decades-long project to destroy the Voting Rights Act. It has blessed racial discrimination and further encouraged partisan gerrymandering in the Callais ruling. 1/2

This is shameful. Every American should be outraged--and saddened--at the devastation to the Voting Rights Act, to fair representation, to protections against race discrimination, to our democracy, to our history, to our country. Shame on the Roberts Court.

I'll be wearing this to my department's end of the year party today

Come work with me! @brennancenter.org is looking for an attorney to push for smarter policing and sentencing policies, more humane prison conditions, and supportive reentry programs.

Fight originalism, take on the unitary executive, rethink the relationship between law and history -- if you're excited by any and all, come work with us! @brennancenter.org

This a great gig for recent history and poli sci majors!

True — and some need to be reminded that intellectual edginess, at least in politics, is not valuable in itself.

Need to quote @tomtmwolf.bsky.social here: your daily reminder that U.S. v Trump is an abomination unworthy of our democracy.