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Injustice System

A biweekly newsletter on constitutional law, the Supreme Court, and American history from Damon Root.

A black and white image of John Roberts in the foreground and the United States Supreme Court building in the background | Illustration: Eddie Marshall | BONNIE CASH | UPI | Newscom | Midjourney

Supreme Court

After 20 Years as Chief Justice, John Roberts Is Now Friend and Foe to Executive Power

Which version of the chief justice will emerge in the Supreme Court’s newest term?

Damon Root | 10.2.2025 7:00 AM

the Supreme Court | Illustration: Eddie Marshall | Midjourney

Supreme Court

After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order

Plus: Justice Anthony Kennedy wrote a book.

Damon Root | 9.30.2025 7:00 AM

Trump on the left, FTC commissioner Rebecca Slaughter on the right, and the Supreme Court building against an orange background | Credits: Adani Samat, Mattie Neretin/Sipa USA/Newscom, Remko de Waal/ANP/Newscom

Supreme Court

SCOTUS Is Now Poised To Overrule Humphrey's Executor, a 1935 Precedent Limiting Presidential Power

The Supreme Court will soon review the president’s authority to fire “independent” agency heads.

Damon Root | 9.25.2025 7:00 AM

A photo of Donald Trump in front of an image of the Supreme Court building | Illustration: Eddie Marshall | NATO North Atlantic Treaty Organization | Flickr | Midjourney

Executive Power

Trump's Latest Tariff Defense Asserts Uncheckable Executive Power

The president’s attempt to evade the major questions doctrine deserves to be rejected.

Damon Root | 9.23.2025 7:00 AM

A tinted image of the U.S. Supreme Court building against a brown background | Illustration: Eddie Marshall | Midjourney

Supreme Court

Trump's 'Firing' of Lisa Cook Is Headed for SCOTUS

Plus: Pam Bondi flunks free speech 101.

Damon Root | 9.18.2025 7:00 AM

Supreme Court Justice Amy Coney Barrett | Illustration: Eddie Marshall | Brian Cahn | ZUMAPRESS | Newscom

Supreme Court

Amy Coney Barrett's Case for Originalism Falls Short

The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.

Damon Root | 9.16.2025 7:00 AM

Supreme Court Justice Brett Kavanaugh and a photo of the Supreme Court building | Illustration: Eddie Marshall | Win McNamee | Pool via CNP | ZUMAPRESS | Newscom | Midjourney

Supreme Court

Kavanaugh Flouts the Fourth Amendment and Blesses Trump's Racial Profiling

The justice’s stance on immigration enforcement is undermined by the facts of the case before him.

Damon Root | 9.11.2025 7:00 AM

The Supreme Court building viewed through a prison hallway | Illustration: Eddie Marshall | Adam Parent | Dreamstime.com | Midjourney

Supreme Court

Prison Guards Forcibly Cut a Rastafarian Inmate's Dreadlocks. SCOTUS Will Decide If They Can Be Sued Over It.

The Supreme Court will hear Landor v. Louisiana Department of Corrections and Public Safety this fall.

Damon Root | 9.9.2025 7:00 AM

President Trump and Chief Justice John Roberts | Illustration: Eddie Marshall | CNP | AdMedia | SIPA |Newscom

Supreme Court

2 Trump Cases To Watch as the Supreme Court Returns From Summer Break

Plus: A momentous date in the life of Frederick Douglass

Damon Root | 9.4.2025 7:00 AM

Black and white photos of Trump and Lisa Cook against a beige background | Illustration: Eddie Marshall | Aaron Schwartz | Pool via CNP | picture alliance | Consolidated News Photos | Newscom | Brookings Institution

Executive Power

Will SCOTUS Let Trump Fire Lisa Cook From the Federal Reserve?

Or will the justices say that Trump fired her for illegal reasons?

Damon Root | 8.28.2025 7:00 AM

A pro-choice protestor holding a sign that says "I will fight for Planned Parenthood" in front of the Supreme Court | Illustration: Eddie Marshall | Andrew Leyden | ZUMAPRESS | Newscom

Supreme Court

Is This the Supreme Court's Next Big Abortion Case?

Plus: An impressive book by a Supreme Court justice.

Damon Root | 8.26.2025 7:00 AM

An orange background with the U.S. Supreme Court building in black and white in the center | Illustration: Eddie Marshall | Steelyk | Dreamstime.com

Supreme Court

Is Gay Marriage Really Under Threat at the Supreme Court?

Asking SCOTUS to hear a case is not the same thing as convincing SCOTUS to hear a case.

Damon Root | 8.21.2025 7:00 AM

Text of the Fourth Amendment above the Supreme Court | Illustration: Eddie Marshall | Fr3ank33 | Richard Gunion | Dreamstime.com

Supreme Court

Do Cops Still Need a Warrant To Search Your Home in an 'Emergency'?

SCOTUS will soon decide.

Damon Root | 8.19.2025 7:00 AM

The opening line of the U.S. Constitution is shown on a rolled up old document | Illustration: Eddie Marshall | Dana Rothstein | Dreamstime.com | Joana Miriam | Unsplash

Constitution

Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.

Did they have a point?

Damon Root | 8.14.2025 7:00 AM

President Donald Trump in front of the Supreme Court | Illustration: Eddie Marshall | Rena Schild | Dreamstime.com | IMAGO | Yuri Gripas | Pool via CNP | MediaPunch | Newscom

Donald Trump

Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents

The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.

Damon Root | 8.12.2025 7:00 AM

Bottles of alcohol with the U.S. Constitution in the background | Illustration: Eddie Marshall | Kun Yang | Dreamstime.com

Supreme Court

How Protectionist Wine and Liquor Laws Violate the Constitution

The Commerce Clause protects free trade between the states.

Damon Root | 8.7.2025 7:00 AM

President Donald Trump in front of a protest sign about the Fourth Amendment | Illustration: Eddie Marshall | Terence McCormack | Flickr | Dreamstime.com | CNP | AdMedia | SIPA | Newscom

Donald Trump

Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens

A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.

Damon Root | 8.5.2025 7:00 AM

Justice Neil Gorsuch against an orange background with white and orange textured blocks | Illustration: Eddie Marshall | Graeme Sloan | Sipa USA | Newscom | Midjourney

Supreme Court

What Neil Gorsuch Gets Wrong About Judges and Government Power

Plus: Ozzy Osbourne, RIP.

Damon Root | 7.24.2025 7:00 AM

Supreme Court | Illustration: Eddie Marshall | Midjourney

Supreme Court

The Problem With the Supreme Court's 'Shadow Docket'

Plus: Did Mario Vargas Llosa write the world’s greatest political novel?

Damon Root | 7.22.2025 7:00 AM

A drawing of Karl Marx against a red and black background | Illustration: Eddie Marshall | Midjourney

Free Speech

A Free Speech Lesson From Karl Marx

Censorship tends to blow up in the faces of the censors.

Damon Root | 7.17.2025 7:00 AM

Supreme Court Justice Brett Kavanaugh | Illustration: Eddie Marshall | Fred Schilling | Taken for the Supreme Court | Midjourney

Supreme Court

The Class Action Threat to Trump's Birthright Citizenship Order

Plus: A fond farewell to Black Sabbath.

Damon Root | 7.15.2025 7:00 AM

A black and white headshot of Trump against an orange tinted background of the U.S. Constitution with white text | Illustration: Eddie Marshall | Chard525 | Dreamstime.com | Midjourney

Donald Trump

Trump Won't Enforce the TikTok Ban. Is That Constitutional?

The Constitution requires the president to “take Care that the Laws be faithfully executed.”

Damon Root | 7.10.2025 7:00 AM

Judge Clint Bolick against an orange background | Illustration: Eddie Marshall | Gage Skidmore | Midjourney

Donald Trump

The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law

When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.

Damon Root | 7.8.2025 7:00 AM

Frederick Douglass in black and white against a green and orange background | Illustration: Eddie Marshall | George Kendall Warren |  Midjourney

4th of July

What Frederick Douglass Can Still Teach Us About the Fourth of July

Plus: What songs are on your Independence Day playlist?

Damon Root | 7.3.2025 7:00 AM

Donald Trump in front of an image of the Supreme Court | Illustration: Eddie Marshall | CNP | AdMedia | SIPA | Newscom | Midjourney

Supreme Court

Trump Is Now More Powerful Thanks to the Supreme Court. But Will It Last?

Plus: Conservatives won big overall this year at the Supreme Court.

Damon Root | 7.1.2025 7:00 AM

A black and white picture of Sonia Sotomayor in front of the U.S. Supreme Court building with a red, tan, and blue background | Illustration: Eddie Marshall | Matias J. Ocner | TNS | Newscom | Midjourney

Deportation

Sotomayor Is Right. Trump's 'Third Country Removals' Raise Serious Due Process Worries.

The liberal justice faults the majority for leaving deportees to “suffer violence in far-flung locales.”

Damon Root | 6.26.2025 7:00 AM

Trump and Alexander Hamilton | Illustration: Eddie Marshall | Stefani Reynolds | Pool via CNP | CNP | Polaris | Newscom | Vitold Muratov

Donald Trump

Trump's Unconstitutional Act of War

Plus: A criminal justice case that managed to unite Alito and Gorsuch.

Damon Root | 6.24.2025 7:00 AM

Black and white images of Trump and Amy Coney Barrett against an American flag background | Illustration: Eddie Marshall | Kyodo | Newscom | Tom Williams | CQ Roll Call | Newscom | ChatGPT

Supreme Court

Why MAGA Turned on Amy Coney Barrett

Plus: The Supreme Court upholds a state ban on transgender care for minors.

Damon Root | 6.19.2025 7:00 AM

A silhouette of an FBI agent in front of scales of justice | Illustration: Eddie Marshall | ChatGPT

Supreme Court

Don't Let Rights-Violating Federal Agents Dodge Accountability

Plus: The Texas Chain Saw Massacre on wax.

Damon Root | 6.17.2025 7:00 AM

A light yellow background with a white grid across, a black and white photo of Trump on the left, and a black and white photo of California Gov. Gavin Newsom on the right | Illustration: Eddie Marshall | Renee C. Byer | TNS | CNP | AdMedia | SIPA | Newscom

Donald Trump

Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground

Plus: When Stalin Meets Star Wars.

Damon Root | 6.12.2025 7:00 AM

The Supreme Court | Illustration: Eddie Marshall | Midjourney

Supreme Court

3 Supreme Court Cases To Watch in June 2025

Plus: The glorious return of drive-in movie season.

Damon Root | 6.10.2025 7:00 AM

A picture of Trump with the U.S. Constitution in the background | Illustration: Eddie Marshall | Zimmytws | Thomas Hertwig | Dreamstime.com | Francis Chung | Pool via CNP | CNP| Polaris |Newscom

Tariffs

Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS

Plus: A love letter to the heavy metal band Slayer.

Damon Root | 6.5.2025 7:00 AM

J.D. Vance and Donald Trump, with the Supreme Court between them | Illustration: Eddie Marshall | Ken Cedeno | UPI | Newscom | ChatGPT

J.D. Vance

What J.D. Vance Gets Wrong About Judicial Deference to Executive Power

The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.

Damon Root | 5.30.2025 11:42 AM

A silhouette of a pregnant woman and Donald Trump | Illustration: Eddie Marshall | Bill Clark | CQ Roll Call | Newscom | Midjourney

Immigration

Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.

The 1866 debate over birthright citizenship included a debate over immigration.

Damon Root | 5.20.2025 11:38 AM

Blue tint on the left, a picture of the Supreme Court building with faint lettering tinted yellow in the middle, and orange tint on the right with a picture of Donald Trump across it all | lllustration: Eddie Marshall | Midjourney

Trump Administration

Trump's Case Against Birthright Citizenship Is a Constitutional Loser

The text and history of the Fourteenth Amendment run counter to Trump’s executive order.

Damon Root | 5.14.2025 2:35 PM

Justice David Souter | lllustration: Eddie Marshall | Mark Reinstein | ZUMA Press | Newscom | Midjourney

Supreme Court

David Souter Shaped the Supreme Court Through the Backlash He Inspired

The late justice was appointed by a Republican but quickly established himself as a judicial liberal.

Damon Root | 5.12.2025 10:50 AM

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