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Justice Black to His Wife: “You Must Be Beyond Reproach”
Justice Hugo Black loved the Supreme Court as much as anyone who has held a seat on the nation’s High Bench. When Black proposed marriage...
Brenna Gerhardt
May 30, 20243 min read


The Court’s Commitment to Equal Protection Became Real and Urgent in Brown, 70 Years Ago
On May 17, 1954—70 years ago this week—the U.S. Supreme Court delivered a landmark ruling in Brown v. Bd. of Education, that marked its...
Brenna Gerhardt
May 21, 20243 min read


Justice Fortas’s Cautionary Tale: Ethical Lapses Required Resignation to Protect the Court
In the aftermath of Justice Abe Fortas’s resignation from the Supreme Court on May 14, 1969, a decision provoked by his own ethical...
Brenna Gerhardt
May 9, 20244 min read


Justice Abe Fortas: Life as a Lawyer’s Lawyer and a Greek Tragedy
Abe Fortas had always wanted to be a Supreme Court Justice and, for as long as he had known him, his friend and benefactor had wanted to...
Brenna Gerhardt
May 2, 20244 min read


The Supreme Court at Work: “Sword Dancing,” Opinion Assignment and Writing
The U.S. Supreme Court writes opinions to explain and justify to the American people the decisions it reaches in cases it hears and...
Brenna Gerhardt
Apr 26, 20244 min read


The Court in Conference: Behind Closed Doors, the Justices Hammer Out Decisions
While oral argument provides the citizenry with a fascinating glimpse of the Supreme Court Justices at work, the heavy lifting is...
Brenna Gerhardt
Apr 18, 20244 min read


Oral Argument in the Supreme Court: Lawyers Seek to Persuade the Justices
Oral argument before the U.S. Supreme Court is the most important, fascinating and visible part of the Justices’ public work on the High...
Brenna Gerhardt
Apr 12, 20244 min read


The Wild West: Justice Field, Sex and Scandal, A Foiled Assassination and Murder
Historically, U.S. Supreme Court Justices have avoided drama. A bookish group, given to tranquility and docility, the Justices mark their...
Brenna Gerhardt
Apr 5, 20243 min read


Justice John Rutledge: A George Washington Favorite and Founding Era Juggernaut
John Rutledge of South Carolina, a founding era titan who held virtually every important political office and judicial post from the...
Brenna Gerhardt
Mar 28, 20244 min read


Chief Justice Oliver Ellsworth: Impeccable Pedigree for a Supreme Court Appointment
President George Washington’s nomination in 1796 of Oliver Ellsworth to serve as the third Chief Justice of the U.S. Supreme Court was...
Brenna Gerhardt
Mar 21, 20244 min read


Government by Judiciary: The Four Horsemen, in the Saddle, Exert Influence and Thwart New Deal Programs
The remarkable influence of the Four Horsemen, as demonstrated by their success in thwarting on constitutional grounds President Franklin...
Brenna Gerhardt
Mar 19, 20244 min read


Defending the Old Constitutional Regime: The Four Horsemen Reject Government as a Relief Society
The adage that the Supreme Court follows the election returns certainly did not apply to the Four Horsemen –Willis Van Devanter, George...
Brenna Gerhardt
Mar 6, 20244 min read


The Four Horsemen: A Conservative Supreme Court Bloc with Outsized Influence that Resonates in Our Time.
The Four Horsemen of Supreme Court—not Biblical—lore represented one of the most important blocs of Justices in the history of our...
Brenna Gerhardt
Feb 29, 20244 min read


Long Reach of the Pardon Power: The Framers, Lincoln and Biden
The intriguing President’s Day news that President Abraham Lincoln granted a pardon 160 years ago to President Joe Biden’s...
Brenna Gerhardt
Feb 22, 20244 min read


The Supreme Court at the Beginning: What to Wear
The photos and images of U.S. Supreme Court Justices portraying earnest men and women wrestling with momentous legal issues and...
Brenna Gerhardt
Feb 15, 20244 min read


Freedom of the Press: The Essential Foundation of Democracy
When the U.S. Supreme Court, in Richmond Newspapers v. Virginia (1980), in the words of Justice John Paul Stevens, “squarely held that...
Brenna Gerhardt
Feb 12, 20244 min read


Landmark Ruling Gives Press and Public Access to Criminal Trials
The First Amendment’s Free Press Clause, which Thomas Jefferson declared indispensable to republicanism, has long been regarded as the...
Brenna Gerhardt
Feb 1, 20244 min read


Justice Jackson at Nuremberg: A Historic but Controversial Role
Justice Robert H. Jackson’s departure for Europe in September of 1945 to serve as chief prosecutor for the United States at the historic...
Brenna Gerhardt
Jan 26, 20244 min read


“Blood Feud” Inside the Supreme Court on Question of Recusal
Every now and again, the public displays an intense interest in the question of whether Supreme Court Justices ought to recuse themselves...
Brenna Gerhardt
Jan 18, 20244 min read


Justice Robert H. Jackson: Groomed for the Supreme Court
Few nominees to the U.S. Supreme Court have been as well prepared, let us say, groomed, for a seat on the nation’s High Tribunal than...
Brenna Gerhardt
Jan 12, 20244 min read
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