Author Archive

Garrett Epps

Garrett Epps is a contributing writer for The Atlantic. He teaches constitutional law and creative writing for law students at the University of Baltimore. His latest book is American Justice 2014: Nine Clashing Visions on the Supreme Court.

A Stunning Vote Reversal in a Controversial First Amendment Case

Are protest organizers liable for violence that happens at their events?


A Supreme Court Case That Will Affect Every Aspect of National Life

COMMENTARY | Can the federal census form ask whether each member of a household is a U.S. citizen?


Is It Cruel and Unusual to Execute a Man With Dementia?

ANALYSIS | Vernon Madison has no memory of murdering a police officer.


Could a Supreme Court Decision Entitle 2,000 Oklahoma Inmates to New Trials?

ANALYSIS | Roughly half of the state could be designated as reservation land. No one’s sure what that would mean for Native inmates whose crimes occurred within those boundaries.


Can Police Retaliate Against Loudmouths?

The Supreme Court will rule on whether citizens can talk back to law enforcement without fear of consequences.


Contempt for Court

Republican lawmakers are increasingly showing disdain for decisions made by the judicial branch—and by extension the rule of law.


Will the Supreme Court Unravel Public Employee Unions?

The conservative justices seem eager to deal a fatal blow to one of the major constituencies of the Democratic Party.


License to Speak: Bureaucracies Can Be Slow to Internalize Bad News

The state of Oregon is abusing its authority to regulate professional services to silence its critics.


The Case Halting Arkansas' Executions

The state’s plan to put several prisoners to death before its drugs expire runs into legal trouble that could reshape death penalty cases.


U.S. Supreme Court Takes Up United States v. Texas

An extra question posed by the justices weighing a challenge to Obama’s immigration program could turn the case into a constitutional showdown.


Are There Limits to Government Speech?

The Supreme Court considers whether putting a Confederate battle flag on a license plate should be different than urging Americans to eat more beef.


What Makes Indiana's Religious Freedom Law Different?

The new statute's defenders claim it simply mirrors existing federal rules, but it contains two provisions that put new obstacles in the path of equality.


Government of the Legislature, by the Legislature, for the Legislature

The Supreme Court reviews Arizona's independent redistricting commission and considers whether voters have the right to draw congressional districts.


Is There Any Rational Case for Banning Gay Marriage?

In an exhilarating takedown of Indiana and Wisconsin's prohibitions, Judge Richard Posner rules there isn't. But will he persuade anyone?


Is Tennessee's Ruling Against Gay Marriage a Setback for the Cause?

The decision to uphold a same-sex marriage recognition ban snapped a streak of court victories.