The Roberts Court has read the 14th Amendment as a justification to lock in racial subordination and to immunize bias and prejudice from scrutiny. Read more from @davidhgans.bsky.social in @slate.com: slate.com/news-and-pol...

It’s Shocking to Consider the Roberts Court Perspective on Race

There is one loud lesson to be found in this term’s rulings.

slate.com

Last term the Roberts Courts gutted the Voting Rights Act and allowed states to undermine the voting power of Black communities. More from CAC's @davidhgans.bsky.social in conversation with @nharnie.bsky.social: www.podomatic.com/podcasts/sta...

Arnie Arnesen Attitude July 16 2026

Part 1:We talk with Brett DeJager, asst. Prof. of Counseling, Rehab, and Human Services at U. of Wisconsin, Stout.We discuss the us of Artificial Intelligence in schools, and how this affects students...

podomatic.com

The Framers of the Reconstruction Amendments were deeply concerned with police violence. Listen to more from CAC's @davidhgans.bsky.social's conversation with @nharnie.bsky.social: www.podomatic.com/podcasts/sta...

Arnie Arnesen Attitude July 16 2026

Part 1:We talk with Brett DeJager, asst. Prof. of Counseling, Rehab, and Human Services at U. of Wisconsin, Stout.We discuss the us of Artificial Intelligence in schools, and how this affects students...

podomatic.com

“The Roberts Court sees only white. It refuses to acknowledge who the Equal Protection Clause was written to protect. The freed people, their descendants, and all others denied equal citizenship. The 14th Amend. is not colorblind. It never was.” Me? No a judge www.courts.state.hi.us/wp-content/u...

The Roberts Court rejected the principles of the Reconstruction Amendments last term. More from CAC's @davidhgans.bsky.social in conversation with @nharnie.bsky.social: www.podomatic.com/podcasts/sta...

Arnie Arnesen Attitude July 16 2026

Part 1:We talk with Brett DeJager, asst. Prof. of Counseling, Rehab, and Human Services at U. of Wisconsin, Stout.We discuss the us of Artificial Intelligence in schools, and how this affects students...

podomatic.com

CAC's @davidhgans.bsky.social joined @nharnie.bsky.social to discuss the Roberts Court and ICE's killings. www.podomatic.com/podcasts/sta...

Arnie Arnesen Attitude July 16 2026

Part 1:We talk with Brett DeJager, asst. Prof. of Counseling, Rehab, and Human Services at U. of Wisconsin, Stout.We discuss the us of Artificial Intelligence in schools, and how this affects students...

podomatic.com

Yes, please. In 2029, a Democratic Congress and President should take these basic but important steps to allow people to sue federal officers and supervisors for constitutional violations. In the meantime, states can take - and are taking - these steps today.

Radley Balko@radleybalko.bsky.social · 3w ago

I have a piece in the NYT today arguing that the law should permit victims of ICE abuse to sue not just individual officers, but supervisors and policymakers like Stephen Miller and Gregory Bovino. A Democratic president and Congress could do this in 2029. And they could make it retroactive.

Wrote about the Roberts Court’s highly selective aversion to identifying racism, echoing the logic of the infamous Korematsu decision, which the Roberts Court has both condemned and imitated. Call it Neo-Korematsu doctrine. www.theatlantic.com/ideas/2026/0...

The Roberts Court's invocations of colorblindness are a one-way ratchet deployed against efforts to undo racial subordination. Read more from @davidhgans.bsky.social in @slate.com: slate.com/news-and-pol...

It’s Shocking to Consider the Roberts Court Perspective on Race

There is one loud lesson to be found in this term’s rulings.

slate.com

The Roberts Court has read the 14th Amendment as a justification to lock in racial subordination and to immunize bias and prejudice from scrutiny. Read more from @davidhgans.bsky.social in @slate.com: slate.com/news-and-pol...

It’s Shocking to Consider the Roberts Court Perspective on Race

There is one loud lesson to be found in this term’s rulings.

slate.com

NEW: After the Civil War, Congress readmitted the southern states under a key condition: don't expand felony disenfranchisement. But the states quickly violated their promise & weaponized criminal statutes to skew elections. It finally caught up with one of them this year. Fascinating read:

A Voting Rights Promise, Betrayed for 156 Years - Bolts

After the Civil War, Congress readmitted Southern states on the condition they not expand felony disenfranchisement—but they quickly ignored the restriction. It has finally caught up with one state, w...

boltsmag.org

Must read.

David H. Gans@davidhgans.bsky.social · 4w ago

My latest @slate.com on the Roberts' Court's war on the Second Founding. As we learned in case after case this term, in the Roberts Court, even the most foundational guarantees inscribed in the Reconstruction Amendments remain insecure: slate.com/news-and-pol...

This piece is well worth your time.

David H. Gans@davidhgans.bsky.social · 4w ago

My latest @slate.com on the Roberts' Court's war on the Second Founding. As we learned in case after case this term, in the Roberts Court, even the most foundational guarantees inscribed in the Reconstruction Amendments remain insecure: slate.com/news-and-pol...

My latest @slate.com on the Roberts' Court's war on the Second Founding. As we learned in case after case this term, in the Roberts Court, even the most foundational guarantees inscribed in the Reconstruction Amendments remain insecure: slate.com/news-and-pol...

John Roberts’ Court Will Be Known for Leading America Backward

There is one loud lesson to be found in this term’s rulings.

slate.com

The Roberts Court has limited the rights of the American people. Learn more from @elizabethwydra.bsky.social: www.youtube.com/watch?v=pB-p...

Domicile Isn't a Real Argument For Citizenship Says Wydra

YouTube video by Bloomberg Podcasts

youtube.com

#ELB: “Ruling Away From America’s Second Founding” https://electionlawblog.org/?p=157163

"The Declaration’s significance extends far beyond the aims of the American Revolution or an expression of American nationalism," writes Robin D.G. Kelley in Issue No. 11. hammerandhope.org/article/robi...

“Do You Understand Your Own Language?”

Black radicals read the Declaration of Independence.

hammerandhope.org

My latest @slate.com on the Roberts' Court's war on the Second Founding. As we learned in case after case this term, in the Roberts Court, even the most foundational guarantees inscribed in the Reconstruction Amendments remain insecure: slate.com/news-and-pol...

John Roberts’ Court Will Be Known for Leading America Backward

There is one loud lesson to be found in this term’s rulings.

slate.com

We're hiring! If you are (or will be soon) a recent law school grad who's interested in starting your career by doing really interesting #SCOTUS & appellate advocacy in support of progressive causes, apply now for our Douglas T. Kendall Fellowship!

CAC@myconstitution.bsky.social · last mo.

CAC is looking for our next Kendall Fellow to start Fall of 2027 to support our work to advance the progressive promise of the Constitution. Learn more about this internally funded fellowship for recent law school graduates: www.theusconstitution.org/douglas-t-ke...

The Roberts Court is destroying the voting power of marginalized communities while making it easier for the rich and powerful to influence elections. Learn more from @elizabethwydra.bsky.social: www.youtube.com/watch?v=pB-p...

Domicile Isn't a Real Argument For Citizenship Says Wydra

YouTube video by Bloomberg Podcasts

youtube.com

“We claim, then, as citizens of this State, the laws of the Commonwealth shall give to all men equal protection; that each and every man may appeal to the law for his equal rights without regard to the color of his skin” +

James Forten heard the 1st public reading of the Declaration of Independence in 1776; he participated in the American Revolution & fought for its ideals long after the war. A skilled entrepreneur & ardent abolitionist, his wife & daughters founded the 1st interracial antislavery society for women.

What to the Colored Conventions was the Declaration of Independence? Normally we hear Frederick Douglass on the 4th of July. This year, we are trying something new. From now until Monday night, we are posting quotes every half hour from the Colored Conventions movement. coloredconventions.org

Allison Brownell Tirres on David Gans, Forgotten Framers, as "a compelling portrait of Black constitutionalism" "Delegates ... embraced not just negative rights ... but also positive obligations... And they did not subscribe to a purely “color-blind” idea of the Constitution ...". 1/5

Lawrence Solum@lsolum.bsky.social · last mo.

Furthering Inclusive Constitutionalism - Legal History

Right-wingers are waging war on Reconstruction. Yesterday’s decision in Trump v. Barbara was a narrow 5-4 victory, but the reactionaries are not going to stop. Shame on some people for serving as foot soldiers for MAGA. My essay for @liberalcurrents.com: www.liberalcurrents.com/the-war-on-r...

The War on Reconstruction

The Supreme Court's 5-4 ruling on birthright citizenship is just one battle in the right's larger war on the Second Founding.

liberalcurrents.com

The image here borrows its title from Grant's 1868 presidential campaign slogan, "Let us have peace." Here's what Frederick Douglass had to say about that sentiment.

Jacob T. Levy@jacobtlevy.bsky.social · last mo.

Hey, look at that, what had been subtext is once again just text. This is a Redeemer administration.

Lemuel Haynes was a Revolutionary War veteran & the 1st Black (mixed-race) man to be ordained as a minister in the US. He argued for universal rights in his 1776 antislavery tract, Liberty Further Extended, challenging the pretense of a nation fighting for its own freedom while denying it to others.

🔥

This is my lane. I went through the 194 Trump v Barbara opinion from yesterday section by section, noting what they got right about US migration and citizenship history, and what the dissents get wrong. Please share if you think it is helpful to others.

I Read Trump v Barbara So You Don’t Have To — Anna O. Law

As someone who took 16 years to research and write a new book, Migration and the Origins of American Citizenship , a policy and legal history, I paid keen attention to the oral arguments (April 1) ...

annaolaw.com

Furthering Inclusive Constitutionalism - Legal History

Furthering Inclusive Constitutionalism - Legal History

David Gans, Forgotten Framers: Black Conventions and the Second Founding, 79 Stan. L. Rev. (forthcoming 2027).Allison Brownell TirresThe fact that Black Americans played a pivotal role in the…

legalhist.jotwell.com