Noah Feldman
Washington Post
Cambridge, MA, United States
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Past articles by Noah:
Which Corporate Diversity Efforts Are Now Illegal?
The Supreme Court’s conservative justices have made it pretty clear that using race as a factor in hiring decisions isn’t a practice they’ll condone. → Read More
Supreme Court’s Student Debt Rebuff Exposes Its Judicial Activism
The six “textualist” justices have discovered they rather like ignoring a statute’s text. → Read More
Supreme Court’s LGBTQ Ruling Weakens Civil Rights for All
By allowing a Colorado web designer to refuse service to gay couples, the justices have blown a hole in anti-discrimination law. → Read More
Affirmative Action Is Radical Supreme Court’s Latest Casualty
Another long-held legal precedent has been overturned, and another long-standing conservative goal achieved. → Read More
The Supreme Court Made It Harder — Again — For Women to Get Justice
In Counterman v. Colorado, the justices sided with a man who made online threats. But what about the rights of his victim? → Read More
The Supreme Court Just Stood Up for Electoral Democracy
In Moore v. Harper, the justices rejected so-called independent state legislature theory. → Read More
When Does This Supreme Court Care About Precedent? Ask Kavanaugh
There’s a clear logic to how the swing justice approaches stare decisis. → Read More
With Trump’s Federal Prosecution, Timing Is Everything
Much hinges on whether the former president, and current Republican front-runner, is tried and convicted before or after his election. → Read More
Oklahoma Tries to Tear Down the Church-State Wall
A new government-funded religious charter school tests the Supreme Court’s willingness to abandon the establishment clause of the Constitution. → Read More
Biden Has No Power to Unilaterally Raise the Debt Ceiling
Despite rising speculation he could invoke the Fourteenth Amendment, the US Constitution is clear that the president doesn’t have the power of the purse. → Read More
The Second Amendment Allows a Ban on the AR-15
Ordinary people don’t carry semiautomatic rifles for self-defense. → Read More
Supreme Court’s Skepticism of Student Loan Plan Has Upside for Liberals
Progressives might find there’s a silver lining to limiting executive power the next time the US has a Republican president. → Read More
New Pro-Choice Abortion Pill Lawsuit Is a Gamble
The current Supreme Court is so conservative that reproductive-rights advocates will have a tough time taking a proactive legal strategy. → Read More
Ethics Code Wouldn’t Fix Supreme Court’s Legitimacy Crisis
The US high court has undercut itself by making radical, reactionary decisions — something a code of conduct can’t solve. → Read More
Police That Ignore Federal Law Ignore Democracy
Conservatives may not like gun safety laws. Progressives may object to immigration laws. But we’ve all got to play by the rules. → Read More
Abortion Pill Lawsuit Won’t Get a Fair Shake in Post-Roe America
West Virginia shouldn’t be allowed to ban an FDA-approved drug. But don’t expect conservative judges to agree. → Read More
The Difference Is That Biden Gave the Documents Back
Trump’s retention of classified documents likely violates the Espionage Act because he refused to return them. → Read More
Supreme Court’s ‘Nostalgia Doctrine’ Is Trump’s Biggest Legacy
In 2022, the conservative justices made it clear that they were guided by self-serving pseudo-history, not principle or precedent. → Read More
Jan. 6 committee is right to defend the rule of law
It would have been a dereliction of the U.S. Congress’s duty to ignore an attempted insurrection. → Read More
Will Courts Prevent Investors From Holding Managers Accountable?
In Lee v. Fisher, the 9th Circuit is weighing whether The Gap, Inc. can be sued by a shareholder who says the retailer lied about its diversity metrics. → Read More