Taking legislative authority away from the federal government doesn't necessarily mean freer individuals. It might just mean granting vastly more authority to the states--which already have far broader police powers than most of us would care to admit.
Dahlia LithwickA lot of conservative writers have twisted that argument in the conversation around Judge [Gonzalo] Curiel and said this is identity politics as played by liberals. And that I think what they're trying to say is that progressives are the first to say.
Dahlia LithwickAllowing ourselves to become a nation of silent, secretive, timid citizens is likely to result in a system of democracy and justice that is neither very democratic nor very just.
Dahlia LithwickThurgood Marshall was uniquely able to understand and comprehend what it meant to grow up in the Jim Crow south.
Dahlia LithwickThe First Aphorism of Religion Cases: Only the religious convictions of other people are weird. Yours are perfectly rational.
Dahlia LithwickOver the past few years, the Supreme Court was six times more likely to accept cases from an elite group of 66 lawyers than it was from more than 99 percent of those who petitioned the court. That's the finding of a recent Reuters special report called "The Echo Chamber." It illustrates how almost half the appeals accepted by the court over a nine-year period came from this cadre of elite lawyers--many of whom have personal connections to the nine justices.
Dahlia Lithwick