RESEARCH AND COMMENTARY
John Villasenor, January 25, 2012, Scientific American
John Villasenor explains the January 23 ruling by the U.S. Supreme Court that bans warrantless digital surveillance from GPS-enabled technology. Read More
RESEARCH AND COMMENTARY
Henry J. Aaron, January 09, 2012, National Journal
Henry Aaron discusses the legal arguments around the Affordable Care Act's insurance mandate, summarizing the arguments that the government has used in defense of the act in lower courts, and predicting the how and why the Supreme Court will reach a decision regarding the mandate's constitutionality. Read More
RESEARCH AND COMMENTARY
Russell Wheeler, November 28, 2011, The Brookings Institution
The Supreme Court’s decision to hear a challenge to the health care law has led to recusal calls for Justices Thomas and Kagen. Russell Wheeler summarizes the principal sources of federal judicial ethics regulations, analyzes the possible impact of proposals to tighten ethical constraints, and envisions the justices’ courses of action. Read More
RESEARCH AND COMMENTARY
Russell Wheeler, November 16, 2011, The Brookings Institution
The Supreme Court recently announced that it would hear arguments on the sweeping changes enacted by the 2010 Affordable Care Act. On November 16, Russ Wheeler took your questions regarding the future of the law in a live web chat moderated by POLITICO. Read More
RESEARCH AND COMMENTARY
John Villasenor, November 08, 2011, Scientific American
Reviewing an upcoming Supreme Court case that will discuss the handling of information from mobile devices, John Villasenor writes that any decision is complicated by the fact that technology and cultural expectations regarding privacy are changing quickly. Villasenor examines how the government should deal with the difficulties inherent in balancing privacy and security. Read More
RESEARCH AND COMMENTARY
Russell Wheeler, October 12, 2011, The Brookings Institution
On October 12, Russ Wheeler took your questions in a live chat moderated by POLITICO on how upcoming Supreme Court cases will impact the presidential race. Read More
VIDEO
Russell Wheeler, October 07, 2011
Among the cases to be heard this year by the Supreme Court are several hot-button issues sure to roil the debate in the presidential election. Russell Wheeler explains their significance.
RESEARCH AND COMMENTARY
Benjamin Wittes, July 25, 2011, The Brookings Institution
At a recent event, Benjamin Wittes discussed the intersection between the courts and politics in the United States, stating that over the past several decades conservatives have created a remarkably consistent view of what the role of the judiciary is. Read More
PAST EVENT
Monday, July 18, 2011
2:00 PM to 3:30 PM
Washington, DC
On July 18, Brookings hosted a debate between two competing visions of liberal jurisprudence for the Supreme Court and federal judiciary—one arguing that the principles set forth in the Constitution do not change, but that interpretation must evolve over time and the other asserting that progressive values are inherent in the Constitution’s text, history and structure, and that liberals should base their constitutional arguments, first and foremost, on text. Read More
RESEARCH AND COMMENTARY
Russell Wheeler, March 21, 2011, The Brookings Institution
Russell Wheeler argues against proposals set forth recently by The New York Times and The Washington Post that called for the application of the U.S. Judicial Conference’s Code of Conduct for U.S. Judges to members of the Supreme Court as a new means of hastening Justices’ recusals and enforcing judicial ethics. As Wheeler sees it, these proposals are likely unconstitutional in part and rest on basic factual misunderstandings about federal judicial ethics regulation, thus creating a “cure-worse-than-the-disease” situation. Read More
RESEARCH AND COMMENTARY
Tim Wu, December 27, 2010, The Brookings Institution
According to Tim Wu, anyone who wants to understand free speech in America in the 21st Century needs to needs to know how the concept has expanded over time. A second tradition, dating from 1910 or the 1940s, goes beyond free speech as defined by the First Amendment, as it takes into account the actions of concentrated, private intermediaries who control the technology of mass communications. Read More
RESEARCH AND COMMENTARY
Lawrence Lessig, December 17, 2010, The Brookings Institution
Predicting the future in constitutional law is so difficult because of constitutional interpretation, writes Lawrence Lessig. Constitutional meaning comes just as much from what everyone knows is true (both then and now) as from what the Framers actually wrote. Yet “what everyone knows is true” changes over time, and in ways that it is impossible to predict, even if quite possible to affect. Read More
RESEARCH AND COMMENTARY
Christopher Slobogin, December 08, 2010, The Brookings Institution
To date, the Supreme Court’s interpretation of the Fourth Amendment has both failed to anticipate and continued to ignore virtual searches or investigative techniques that do not require physical access to premises, people, papers or effects and that can often be carried out covertly from far away, thereby undermining citizen protections, writes Christopher Slobogin. Read More
RESEARCH AND COMMENTARY
Jack Goldsmith, December 08, 2010, The Brookings Institution
To meet the threat of a cyber attack, Jack Goldsmith imagines that sometime in the near future the government mandates the use of a government-coordinated intrusion-prevention system throughout the domestic network to monitor all communications, including private ones. Although such a program would be controversial, Goldsmith argues that massive government snooping in the network can be lawful and deemed consistent with the U.S. Constitution, including the Fourth Amendment, if proper and credible safeguards are put in place. Read More
PAST EVENT
Wednesday, November 10, 2010
3:00 PM to 4:30 PM
Washington, DC
U.S. Supreme Court Associate Justice Stephen G. Breyer's new book, Making Our Democracy Work: A Judge's View, aims to elevate the public's understanding of the Supreme Court and its political and societal impact. The Brookings Judicial Issues Forum hosted a discussion with Justice Breyer about the history of the Supreme Court and its efforts to apply constitutional values to current issues. Read More