Damon Root
reason
New York, NY, United States
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Past articles by Damon:
Is Ketanji Brown Jackson a Greater Threat to Big Tech Than Clarence Thomas?
Ketanji Brown Jackson raised an interpretation of Section 230 that would wreck the internet as we know it. → Read More
Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court
Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act? → Read More
SCOTUS Will Decide Whether Federal Law Shields a Religious Postal Employee Who Refuses To Work on Sundays
The Supreme Court considers the scope of federally required religious accommodations at work. → Read More
Abolish the Supreme Court's Secretive Shadow Docket
The U.S. Supreme Court voted 5–4 to reinstate an EPA rule. Why? The majority did not explain, and it did not have to, → Read More
The Supreme Court Weighs the Future of Section 230
Justice Clarence Thomas wants the U.S. Supreme Court to begin “paring back” Section 230. Will he get his wish? → Read More
A Bad Day for School Choice Advocates at the Kentucky Supreme Court
In a decision issued in 'Council for Better Education v. Johnson,' the high court declared the Education Opportunity Act unconstitutional. → Read More
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal Supreme Court justice seems ready to fight legal conservatives on their own ground. → Read More
Republicans will have to rely on New Deal-era court precedents if they want a federal abortion ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation. → Read More
SCOTUS Grapples With 14th Amendment in College Affirmative Action Case
The U.S. Supreme Court heard oral arguments last month in Students for Fair Admissions v. University of North Carolina, which asks whether state colleges and universities should be prohibited from using race as a factor in determining admissions. → Read More
On Affirmative Action, Clarence Thomas Took a Page From Malcolm X
Understanding the jurisprudence of the conservative Supreme Court justice. → Read More
State Bans on Abortion Travel Would Violate the Commerce Clause
The Constitution's Commerce Clause guarantees a domestic free trade zone. A state law that bars a resident from traveling to take advantage of another state’s economic activity would be unconstitutional. → Read More
The U.S. imprisoned a civil rights leader on bogus charges in 1917. Will President Biden pardon her now?
The U.S. imprisoned a civil rights pioneer on bogus charges in 1917. A new petition for a posthumous presidential pardon seeks to clear her good name. → Read More
In 'Bruen,' SCOTUS Ruled That Gun Rights Are Secured by 14th Amendment
You don't have to prove to a government official that you have “proper cause” to exercise your constitutional right, the Court ruled. → Read More
Will Biden's Student Loan Debt Cancellation Plan Hold Up in Court?
The president is invoking a post-9/11 expansion of executive power to justify his student loan forgiveness plan. → Read More
Lawsuit Against Gun Manufacturer Pits Gun Rights Activism Against Federalism
Gun control advocates may embrace 10th Amendment arguments normally championed by conservatives and libertarians. → Read More
The New York Times is surprised to find public defenders championing the Second Amendment
Frederick Douglass linked gun rights with civil rights. Some modern activists still do. → Read More
Elena Kagan's Valid Critique of the Supreme Court's 'Shadow Docket'
“Without full briefing and argument,” Kagan objects, the SupremeCourt is quietly resolving major disputes. → Read More
If Congress Bans Abortion, This New Deal Precedent Will Be at the Center of the Legal Battles
The SCOTUS ruling in Wickard v. Filburn was a huge political win for Franklin Roosevelt's agenda and a significant boost to Congress' regulatory authority. → Read More
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
The arrival of the Thomas Court is not great news for Americans who want to see all the Bill of Rights enforced with equal judicial vigor. → Read More
Abortion Rights Under the 9th and 14th Amendments
Understanding what Supreme Court Justice Alito got wrong in response to Dobbs v. Jackson Women’s Health Organization. → Read More