Pulling a crystalline, cogent rule out of the murk of the court's First Amendment, public forum, and Establishment Clause doctrine is an act of creation too complicated for mere mortals.
Dahlia LithwickIf Americans actually have the conversation about our disastrous prison policies, we'll understand the trends all move in very dangerous directions: we lock up more people, for less violent crime, at ever greater expense, breeding more dangerous criminals who often come out unemployable, violent and isiolated.
Dahlia LithwickThe Constitution created a framework, not a Ouija board, precisely because the Framers understood that prospect of a nation ruled for centuries by dead prophets would be the very opposite of freedom.
Dahlia Lithwick