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Archives by: Garrett Epps

Garrett Epps

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Garrett Epps Posts

The Post-Kennedy Supreme Court Is Already Here
For those who can’t imagine the Supreme Court without Justice Anthony Kennedy, here’s some faintly good news: you don’t have to. Though Kennedy’s resignation doesn’t take effect until ...

The Last of the Small-Town Lawyers
Justice Anthony Kennedy, who announced his retirement from the Supreme Court on Wednesday, will almost certainly be the last justice to come from a legal world that has ...

A Failure of Judicial Independence
On Tuesday, as Chief Justice John Roberts read an oral summary of his opinion in Trump v. Hawaii, President Trump’s Solicitor General, Noel Francisco, sat a few feet ...

The Supreme Court Tells the Government to Get a Warrant
The Supreme Court can’t dodge ‘em all. So, on Friday, it actually decided Carpenter v. United States, a closely watched case testing how federal law-enforcement agents could legally ...

The Supreme Court Would Prefer Not To
A 1960s novelty toy consisted of a small plastic box with a jointed lid and a switch. When the switch was turned on, a hand emerged, grabbed the ...

The Supreme Court Blesses Voter Purges
“The dissents have a policy disagreement, not just with Ohio, but with Congress,” Justice Samuel Alito primly pronounced Monday in his majority opinion in Husted v. A. Philip ...

How Birth Certificates Are Being Weaponized Against Trans People
When Walter A. Plecker died in August 1947, his “death was considered a gift by many,” writes historian Arica L. Coleman in her searing history, That the Blood ...

Justice Kennedy’s <em>Masterpiece </em>Ruling
When the Supreme Court opened its October term last year, Masterpiece Cakeshop v. Colorado Civil Rights Commission—the “gay wedding cake” case—loomed as a blockbuster, a major step toward ...

The Curious Incident of the Court That Denied Cert
Like the dog in Arthur Conan Doyle’s “Silver Blaze,” the Supreme Court on Tuesday did nothing; and many people are curious about the incident. The Court, without explanation ...

No One Knows If a President Can Be Indicted
Can the president be indicted while in office? Rudolph Giuliani, at this writing one of President Trump’s lawyers, apparently wants the public to believe that there is a ...