Attention to the Unseen

Jay Michaelson writes: As legal scholar Reva Siegel and others have demonstrated, (white) conservatives’ opposition to gun regulation began in the wake of the civil rights movement and the rise in the 1970s of the ‘New Right,’ made up of former segregationists, cultural conservatives (the ‘moral majority’), and white politicians demanding ‘law and order.’ While the 1972 Republican party platform had actually supported gun control, the Reagan Revolution transformed the party. (Ronald Reagan wrote an article praising individual gun ownership…

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Ross Barkan writes: The mass shooting in Texas that killed at least 19 schoolchildren and two adults on Thursday came on the heels of the horrific, racist slaughter in Buffalo, New York. “When in God’s name are we going to stand up to the gun lobby?” Joe Biden asked in a national address, sounding more like a beleaguered Democratic voter than the president of the United States. “Why are we willing to live with this carnage? Why do we keep…

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By Ken Armstrong, ProPublica When U.S. Supreme Court Justice Samuel Alito, in a draft opinion obtained and published this week by Politico, detailed his justifications for overturning Roe v. Wade, he invoked a surprising name given the case’s subject. In writing about abortion, a matter inextricably tied to a woman’s control over her body, Alito chose to quote from Sir Matthew Hale, a 17th-century English jurist whose writings and reasonings have caused enduring damage to women for hundreds of years….

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Michelle Goldberg writes: In his draft opinion overturning Roe v. Wade, Justice Samuel Alito blamed that 1973 abortion decision for sparking “a national controversy that has embittered our political culture for a half century.” He quoted Justice Antonin Scalia: “Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of justices to this court in particular, ever since.” As a matter of history, the idea that Roe ignited…

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Rachel Rebouché, Greer Donley, and David S. Cohen write: If the Supreme Court overturns Roe v. Wade, as a draft opinion suggests it will do, the impact on American law will have repercussions beyond Washington or the states set to ban most abortions. Some conservatives see the Roe opinion as a simple matter of returning the abortion issue to the states, and Justice Samuel Alito’s draft suggests he sees it the same way: “The Constitution does not prohibit the citizens…

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Jill Lepore writes: Within a matter of months, women in about half of the United States may be breaking the law if they decide to end a pregnancy. This will be, in large part, because Supreme Court Justice Samuel Alito is surprised that there is so little written about abortion in a four-thousand-word document crafted by fifty-five men in 1787. As it happens, there is also nothing at all in that document, which sets out fundamental law, about pregnancy, uteruses,…

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Norman Eisen and Colby Galliher write: For all the seeming chaos of his administration, Donald Trump actually had a philosophy of governance, one grounded in assaulting the rule of law, ethics, and truth itself: Trumpery. In a new book, we warn that with Trump out of office, the greatest danger posed by Trumpery is that others will adopt it. Now that has apparently happened at the Supreme Court, as reflected in Justice Samuel Alito’s draft opinion overruling Roe v. Wade….

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Jack Shafer writes: Although the justices are political appointees, the court pretends to rise above politics. It conducts its work under a veil and depends on the press to fetishize the mysteries of the temple. It derives its authority not from the people but from the cosmos, the court’s deifiers would have you believe. Hence the robes that rival Batman’s cape, the court’s ban on cameras and the grand edifice from which it hands down its rulings. But this exalted…

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Mary Ziegler writes: Something fundamental about the Supreme Court has changed in recent months. It is not simply that the Court has a conservative supermajority, although that is true enough. What is really striking is just how emboldened that conservative supermajority is—how willing to take on a number of deeply divisive culture-war issues; how blasé about making major decisions via the Court’s shadow docket; how open to making rapid, profound changes to long-standing precedent. Last night, when Politico released a…

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Dahlia Lithwick writes: If the Supreme Court indeed strikes down Roe v. Wade and Planned Parenthood v. Casey this June, as the draft opinion leaked to and published by Politico tonight suggests it will, years of conventional wisdom about the court and its concerns for its own legitimacy will be proved wrong. Every single court watcher who spoke in terms of baby steps, incrementalism, or “chipping away” at one of the most vitally important precedents in modern history will have…

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The Associated Press reports: Rioters who smashed their way into the U.S. Capitol on Jan. 6, 2021, succeeded — at least temporarily — in delaying the certification of Joe Biden’s election to the White House. Hours before, Rep. Jim Jordan had been trying to achieve the same thing. Texting with then-White House chief of staff Mark Meadows, a close ally and friend, at nearly midnight on Jan. 5, Jordan offered a legal rationale for what President Donald Trump was publicly…

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The Wall Street Journal reports: The Federal Bureau of Investigation performed potentially millions of searches of American electronic data last year without a warrant, U.S. intelligence officials said Friday, a revelation likely to stoke longstanding concerns in Congress about government surveillance and privacy. An annual report published Friday by the Office of the Director of National Intelligence disclosed that the FBI conducted as many as 3.4 million searches of U.S. data that had been previously collected by the National Security…

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