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Text & History Blog

Senator Grassley, the fact is we don’t know the full contours of Judge Garland’s view of the Constitution, because you’ve practically quit your job as Chair of the Judiciary Committee and run away from holding hearings. Public hearings are the way that Senators discover what a Supreme Court nominee...
When the Supreme Court hears oral argument in United States v. Texas, the challenge to President Obama’s executive action on immigration, later this month, one of the big issues the Court will be considering is whether the federal courts should be considering the challenge at all. If Chief Justice...
After Justice Antonin Scalia died, many speculated that originalism would die as well, without one of its most tireless adherents on the bench.  Not if Justice Ruth Bader Ginsburg has anything to say about it...Her masterful originalist opinion in Evenwel v. Abbott, decided earlier this week, is...
One hundred and fifty years ago, the Framers of the Fourteenth Amendment debated our Constitution’s system of equal representation, affirming that every person counts in our system of representative democracy. Earlier this week, in Evenwel v. Abbott, in a landmark opinion written by Justice Ruth...

Blog Post Series

Defending the Voting Rights Act

In the wake of an election season in which the Voting Rights Act proved its mettle as the last, best hope against voter suppression efforts, the Supreme Court will be reviewing the constitutionality of a key part of this iconic civil rights statute in a case called ...

Obama Judicial Nominees in Limbo

CAC has documented the U.S. Senate’s  unprecedented obstruction of President Obama’s judicial nominees — under the direction of Senate Majority Leader Mitch McConnell (R-KY). 

CAC in Court

Constitutional Accountability Center chooses the best cases to bring our ideas about the Constitution into court and secure victories in the U.S. Supreme Court, state supreme courts, and federal courts of appeal that move the law closer to the text and history of our Constitution. 

 

Originalist Sins

Conservative Justices like Antonin Scalia and Clarence Thomas get a great deal of criticism (from the left) and praise (from the right) for being “originalists” and committing to follow the “original meaning” of the Constitution’s text.  Constitutional Accountability Center comes at this debate...

Text & History Blog

April 20, 2016

Senator Grassley, the fact is we don’t know the full contours of Judge Garland’s view of the Constitution, because you’ve practically quit your job as Chair of the Judiciary Committee and run away from holding hearings. Public hearings are the way that Senators discover what a Supreme Court nominee is about, not by simply having oatmeal with them one morning behind closed doors. 

April 7, 2016

When the Supreme Court hears oral argument in United States v. Texas, the challenge to President Obama’s executive action on immigration, later this month, one of the big issues the Court will be considering is whether the federal courts should be considering the challenge at all. If Chief Justice Roberts’s past opinions are any guide, his view on that question should be clear: in his first decade on the high court, Roberts has repeatedly made clear that he thinks the role of the courts should be limited, and he has consistently voted to limit parties’ ability to sue.

April 7, 2016

After Justice Antonin Scalia died, many speculated that originalism would die as well, without one of its most tireless adherents on the bench.  Not if Justice Ruth Bader Ginsburg has anything to say about it...Her masterful originalist opinion in Evenwel v. Abbott, decided earlier this week, is just the latest example of progressive originalism in action.