Noah Feldman

Eight out of nine Supreme Court justices went to Harvard or Yale law schools. So did nearly a fifth of the federal judiciary. This rankles some politicians, watchdog groups and others who see it as an outrageous manifestation of elitism that needs to be changed, given how much power this small…

Something surprising is missing from the conservative opinions the Supreme Court issued at the end of its recent term on abortion, religion and gun rights: originalism. The court’s new majority did not decide these era-defining cases using the idea, associated with the late Justice Antonin…

By a 6-3 vote, the Supreme Court has held that the Environmental Protection Agency lacks authority to order reduced emissions to fight climate change. Yes, you read that right. By a 6-3 vote, the Supreme Court has held that the Environmental Protection Agency lacks authority to order reduced…

Modern constitutional law as we have known it ended today. When the Supreme Court overturned Roe v. Wade and Casey v. Planned Parenthood, it repudiated the very idea that America’s highest court exists to protect people’s fundamental liberties from legislative majorities that would infringe on…

The annual World Happiness Report came out this month and, sure enough, the usual rich Nordic and northern European countries clustered at the top. Finland and Denmark ranked as the happiest and second-happiest corners of the planet, and the top eight were all in northern Europe. Afghanistan,…

Partisan gerrymandering in the computer age has undermined majoritarian democracy — that much is clear. Using algorithms to give one party a numeric advantage over another is more effective than old-fashioned gerrymandering done by hand, and reduces the number of competitive districts for the House…

The European-American response to Russia’s invasion of Ukraine represents a watershed in the contemporary understanding of how nation-states behave and what motivates their leaders to act. It pits two leading theories of international affairs against each other. The difference between the two…

Democrats have been frustrated in their hopes to pass a comprehensive voting rights bill. But with Senator Joe Manchin of West Virginia on board, things are looking up for the most important voting rights legislation that is actually possible right now: the Electoral Count Modernization Act. The…

Are we living in 1858 or 1968? That is, are America’s divisions so profound and political institutions so crippled that we are poised for a breakdown akin to the Civil War? Or is the current polarization the product of conflicting social forces that can be gradually reconciled or redirected into…