Constitutional Law

In his book “The Authority of the Court and the Peril of Politics,” Justice Stephen Breyer explored how the Court can continue to maintain its vital role as a check on the rest of the government.

Harvard Law Today offers a look back at Justice Stephen Breyer's career and his legacy, and his lifelong connection to Harvard Law School.

Supreme Court Justice Stephen Breyer ’64, who focused on the consequences of his judicial decisions, has announced that he will step down after more than a quarter century on the Court.

In the wake of the news that Supreme Court Associate Justice Stephen G. Breyer ’64 will retire at the end of the current term, Harvard Law School faculty members offer their thoughts on his tenure, legacy, and how the nation’s highest court could change after his departure.

Richard Lazarus ’79, a Supreme Court advocate and the Howard and Katherine Aibel Professor of Law, reflects on Justice Breyer's "striking pragmatism" — and passion — during his 28 years on the Court.

HLS Professor Andrew Crespo was one of 59 members elected to the American Law Institute this year. Thirteen Harvard Law School alumni were also elected.

Former White House Counsel Neil Eggleston says President Biden has “restored dignity and public purpose to the White House” but that his agenda faces strong opposition from some state attorneys general.

In this series, Harvard Law experts turn a critical eye to the Biden administration’s efforts on health care, the economy, criminal justice reform, and other areas important to Americans — and share their thoughts on its agenda for the future.

In a case that could have national implications, the Harvard Law School Crimmigration Clinic recently convinced judges at the U.S. Court of Appeals for the First Circuit to discredit the use of controversial municipal gang databases in immigration proceedings.

Harvard Law School expert Mark Tushnet says the Biden administration has succeeded in appointing federal judges and also “opened space” for discussion of Supreme Court reform.

Sanford Levinson speaks with Harvard Law Today on the question before the Supreme Court: Whether Boston can deny a religious group permission to fly a Christian flag on a Boston City Hall flagpole it labeled a “public forum” for “all applicants.”

Two Harvard Law School scholars explain why the Garland v. Gonzalez case could have broader implications for immigrants and advocates.

Harvard Law Today asked experts from across Harvard Law School to share their perspectives on January 6, 2021, the events that have unfolded since, and the implications for American democracy going forward.

The Brooks McCormick Jr. Animal Law & Policy Program at Harvard Law School (ALPP) and the Nonhuman Rights Project (NhRP) have jointly filed an amicus curiae brief with the Constitutional Court of Ecuador, urging it to recognize that nonhuman animals can have legal rights.

A highly principled public official and beloved colleague, Heymann had a distinguished career in academia, and serving in four presidential administrations, including in the solicitor general’s office under President John F. Kennedy, in several U.S. State Department jobs for Lyndon Johnson, as a Watergate prosecutor, as assistant attorney general during the Carter administration, and as deputy attorney general under Bill Clinton.

At the recent Rappaport Forum, panelists discussed abortion rights and whether the Supreme Court should honor precedent — or jettison Roe v. Wade. 

When asked what he wanted to be remembered by, longtime Harvard Law Professor and former Watergate prosecutor Philip B. Heymann ’60 replied: “Speaking truth to power.” Heymann, a beloved colleague and distinguished public servant, died Nov. 30 at his home in Los Angeles. He was 89.

Professor Emeritus Mark Tushnet explains how the Supreme Court’s decision in Carson v. Makin could impact funding for religious schools.

Retired federal judge Nancy Gertner, now a senior lecturer on law at Harvard Law School, talks about the verdicts in the Kyle Rittenhouse trial, how the trial was conducted, and comparisons to the ongoing trial of the men who killed Ahmaud Arbery.

On November 16, the Harvard Law School Ames Moot Court Competition returned to the Ames Courtroom, as two teams of students squared off on the subject of personal jurisdiction.

Can, or even should, Americans break the U.S. Constitution when, in their view, justice demands it? As Noah Feldman and Nikolas Bowie discussed at a recent Harvard Law School Library Book Talk, that question is very much alive today.