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"Tribe, Laurence H., author"
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Uncertain justice : the Roberts Court and the Constitution
\"From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics--including free speech, privacy, voting rights, and presidential power--could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe--one of the country's leading constitutional lawyers--and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial \"activism\" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all--how the Supreme Court and the Constitution frame the way we live\"-- Provided by publisher.
Book
On Reading the Constitution
Our Constitution speaks in general terms of “liberty\" and “property,\" of the “privileges and immunities\" of citizens, and of the “equal protection of the laws\"—open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume’s authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
eBook
Will the Abortion Fight Ever End?; A Nation Held Hostage
Last week, in a pair of cases from Minnesota and Ohio, the Supreme Court wrote the latest chapter in the abortion story. It upheld state power to require pregnant minors to consult their parents or obtain a judge's permission before any abortion. The abortion question thus remains in the political arena, where the Supreme Court tossed it in the Webster case a year ago. The debate is bound to go on; neither side, given its absolute beliefs, can be expected to accept the political ''compromises'' being put forward. Solutions that split the difference, denying some fetuses life and some women liberty, only defeat the values of both sides, abusing both women and the unborn. To let this issue fester can only hurt the nation. A fetus is not just a part of a woman's body, but it is part of her body, nonetheless. It is not a lodger nor a guest. Nor is the woman a mere home or incubator in which the state may freely house the unborn. To remember that the fetus is the woman's ''flesh and blood'' is not to denigrate its life, nor to suggest that she should, or would, ignore its value.
Newspaper Article
JUDICIAL REVIEW; The Final Say
THE DECISION OF THE FRAMERS TO PLACE their faith - and the Constitution - in the hands of an independent judiciary was not predicated on the assumption that the Supreme Court would always reach a ''correct'' reading of that document. Certainly, the Court's infamous decisions affirming racial separation if the facilities - schools and restrooms - were ''equal,'' or the ones handed down after the attack on Pearl Harbor allowing Americans of Japanese descent to be herded into detention camps without proof of wrongdoing, do not strike us today as correct. The importance of the Court was, instead, well summarized in Justice Robert Jackson's mildly cynical assessment: ''We are not final because we are infallible, but we are infallible only because we are final.'' ''We the people'' who ''ordain and establish this Constitution'' were not to be confused with the popular majority of any given historical moment, not even the historical moment of the founders' generation, when - as Justice Thurgood Marshall stressed in a speech last May - only a handful of propertied white males were eligible to participate in governance. Without lodging power in an independent judiciary to enforce ''the people's'' enduring Constitution against those who happen to wield power at any given moment, the document would in all likelihood be reduced to a dead letter - a matter for idle talk, signifying little or nothing of operational moment. Only a decade ago, the Supreme Court overturned a jail sentence imposed on a grandmother for the ''crime'' of violating her neighborhood's statutory ideal of the nuclear family because she raised grandchildren who were cousins rather than brothers. Would people really want judges so ''restrained'' by popular will that citizens could be prosecuted for such ''offenses''? Would they really want judges so lacking in independence that a government agency could put highways through their backyards without paying them just compensation? I hope not.
Newspaper Article
Gramm-Rudman: the buck stops here
ST. Augustine confessed that he once prayed, \"Give me chastity and continency, O Lord ... but not just yet.\" The Gramm-Rudman deficit-reduction pro posal could be viewed with equal cynicism: \"Make us financially responsible, but not until after the 1986 elections.\" Whatever the wisdom or sincerity--and there is room for debate on both issues--of Congress's recent frenzied effort to assure the public that it has finally...
Newspaper Article