Using the Court’s decision allowing the President to remove members of independent agencies from their offices we range rather widely—into a discussion of departmentalism, the strategic problems facin...

In considering the value of dissents, we should focus on substantive contributions to constitutional analysis and not just celebrate that our system allows them.

We use a recent decision by the Fifth Circuit upholding a Texas statute requiring the display of the Ten Commandments in public school classrooms as a jumping off point to discuss not only the religio...

We discuss the slush fund kerfuffle with Professor Smauel Bagenstos, who served as general counsel to the Department of Health and Human Services and has written a forthcoming article on slush funds. ...

Judicial Time: A Research Note

Vicki C JACKSON, Mark TUSHNET, Rosalind DIXON & Madhav KHOSLA The authors of the fourth edition of the casebook Comparative Constitutional Law (OUP 2026) introduce the new edition, key changes ...

In our second episode on the Callais decision we turn to criticism, though only after doing our best to identify some things in the decision that might be correct. Among our concerns are whether the C...

In the first of two episodes about the Callais decision we speculate about its immediate impact on the 2026 elections, with Mark trying to minimize that impact and Mike arguing that it’s likely to be ...

YouTube video by Law and Other Things (LAOT)

Today we take up a challenge to our views about the tension between democratic self-governance and the contemporary form of judicial that Mark draws from the scholarship of political scientists includ...

Mark Tushnet says that many people have become disillusioned with constitutional frameworks because the governments created by and operating within them have failed to deliver substantive policies.

In this episode we get to the heart of Mike’s book, his argument that judicial review as practiced today can’t be justified because justification requires a foundation in good constitutional theories—...

GCDC celebrates the launch of ‘Constitutionalism and Its Discontents’ (The University of Chicago Press, 2026), co-authored by Professors Mark Tushnet and Bojan Bugarič.

We try to sell some books!—Mike’s forthcoming The Constitution Cannot Save Us and Mark’s Who Am I to Judge? Mike describes his book and then we talk about the role of law clerks in writing Supreme Cou...

Recovering democratic practices and values likely depends in part on an organized opposition and an active civil society, says Harvard Law Professor emeritus Mark Tushnet