Jeannie Suk Gersen
Jeannie Suk Gersen has been contributing to The New Yorker since 2014. She is the John H. Watson, Jr., Professor of Law at Harvard Law School. She served as a law clerk to Justice David H. Souter on the Supreme Court and as a prosecutor in Manhattan. She is the recipient of a Guggenheim Fellowship.
The Case Against Trump Is Strong, but There Are Problems Ahead
It gives Trump a compelling reason to persevere in his campaign, and to sow doubt about the criminal process.
The Real Scandal Surrounding Clarence Thomas’s Gifts
Supreme Court Justices, alone in our system, are not truly regulated by anyone other than themselves.
The Dark Side of Defamation Law
A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Revisiting the Brock Turner Case
In the midst of the #MeToo movement, California voters recalled a judge for being lenient on sexual assault. As a new documentary argues, that recall campaign had unintended results.
The Secret Joke at the Heart of the Harvard Affirmative-Action Case
A federal official wrote a parody of Harvard’s attitude toward Asian Americans and shared it with the dean of admissions. Why did a judge try to hide that from the public?
The Expanding Battle Over the Abortion Pill
Republican state attorneys general are threatening action against pharmacies that dispense it, as a federal lawsuit challenges the F.D.A.’s authority to approve it.
The Conservative Who Wants to Bring Down the Supreme Court
The lawyer who wrote Texas’s abortion ban has a bigger project—disempowering the judiciary—that may appeal to liberals, too.
A Year of Dominance and Defiance at the Supreme Court
After the Dobbs decision, soul-searching about the rule of law has rarely been as cynical or as fundamental.
The Respect for Marriage Act Is Also a Victory for Same-Sex-Marriage Opponents
It favors the rights of religious groups over those of gay couples—and, if Obergefell were to be overruled, it would create two classes of marriage.
Affirmative Action and the Supreme Court’s Troubled Treatment of Asian Americans
Students for Fair Admissions is one of only a few Supreme Court cases about the rights of Asian Americans. But what will it achieve on their behalf?
Education After Affirmative Action
The Supreme Court hears a challenge to affirmative action this week—and will likely overrule more than four decades of precedents on college admissions.
The Supreme Court’s Self-Conscious Take on Andy Warhol
In a copyright case, the Justices revealed their own anxieties about interpreting precedents.
Will “Dereliction of Duty” Be What Finally Gets Donald Trump Indicted?
So far, the evidence of what Trump didn’t do on January 6th holds the strongest potential for making a successful criminal case against him.
The Supreme Court’s Conservatives Have Asserted Their Power
But what if their big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision?
When the Supreme Court Takes Away a Long-Held Constitutional Right
The crude reality of the political machinations involved in overruling Roe v. Wade makes it galling to read the Court’s self-portrayal as a picture of proper judicial restraint.
Why the “Privacy” Wars Rage On
Privacy rights protect personal autonomy and shield survivors of abuse. They also conceal abuse and safeguard the powerful. Is the concept coherent?
What an Unprecedented Supreme Court Leak Says About the Future of Abortion—and About Precedent Itself
The fragility of the right to an abortion has become synonymous with the fragility of the Court’s legitimacy.
If Roe v. Wade Is Overturned, What’s Next?
After building toward such a moment for half a century, pro-life legal efforts aren’t likely to stop there.
The Politics of the Supreme Court Shortlist
President Biden has promised to nominate a Black woman at the same moment when the Court is likely to ban most race-conscious selections.
The Case Against the Oath Keepers
Members of the group face seditious-conspiracy charges for their roles in the January 6th insurrection. Can a sincere belief that the election was stolen protect them?
The Case Against Trump Is Strong, but There Are Problems Ahead
It gives Trump a compelling reason to persevere in his campaign, and to sow doubt about the criminal process.
The Real Scandal Surrounding Clarence Thomas’s Gifts
Supreme Court Justices, alone in our system, are not truly regulated by anyone other than themselves.
The Dark Side of Defamation Law
A revered Supreme Court ruling protected the robust debate vital to democracy—but made it harder to constrain misinformation. Can we do better?
Revisiting the Brock Turner Case
In the midst of the #MeToo movement, California voters recalled a judge for being lenient on sexual assault. As a new documentary argues, that recall campaign had unintended results.
The Secret Joke at the Heart of the Harvard Affirmative-Action Case
A federal official wrote a parody of Harvard’s attitude toward Asian Americans and shared it with the dean of admissions. Why did a judge try to hide that from the public?
The Expanding Battle Over the Abortion Pill
Republican state attorneys general are threatening action against pharmacies that dispense it, as a federal lawsuit challenges the F.D.A.’s authority to approve it.
The Conservative Who Wants to Bring Down the Supreme Court
The lawyer who wrote Texas’s abortion ban has a bigger project—disempowering the judiciary—that may appeal to liberals, too.
A Year of Dominance and Defiance at the Supreme Court
After the Dobbs decision, soul-searching about the rule of law has rarely been as cynical or as fundamental.
The Respect for Marriage Act Is Also a Victory for Same-Sex-Marriage Opponents
It favors the rights of religious groups over those of gay couples—and, if Obergefell were to be overruled, it would create two classes of marriage.
Affirmative Action and the Supreme Court’s Troubled Treatment of Asian Americans
Students for Fair Admissions is one of only a few Supreme Court cases about the rights of Asian Americans. But what will it achieve on their behalf?
Education After Affirmative Action
The Supreme Court hears a challenge to affirmative action this week—and will likely overrule more than four decades of precedents on college admissions.
The Supreme Court’s Self-Conscious Take on Andy Warhol
In a copyright case, the Justices revealed their own anxieties about interpreting precedents.
Will “Dereliction of Duty” Be What Finally Gets Donald Trump Indicted?
So far, the evidence of what Trump didn’t do on January 6th holds the strongest potential for making a successful criminal case against him.
The Supreme Court’s Conservatives Have Asserted Their Power
But what if their big and fast moves, eviscerating some constitutional rights and inflating others, are bound for collision?
When the Supreme Court Takes Away a Long-Held Constitutional Right
The crude reality of the political machinations involved in overruling Roe v. Wade makes it galling to read the Court’s self-portrayal as a picture of proper judicial restraint.
Why the “Privacy” Wars Rage On
Privacy rights protect personal autonomy and shield survivors of abuse. They also conceal abuse and safeguard the powerful. Is the concept coherent?
What an Unprecedented Supreme Court Leak Says About the Future of Abortion—and About Precedent Itself
The fragility of the right to an abortion has become synonymous with the fragility of the Court’s legitimacy.
If Roe v. Wade Is Overturned, What’s Next?
After building toward such a moment for half a century, pro-life legal efforts aren’t likely to stop there.
The Politics of the Supreme Court Shortlist
President Biden has promised to nominate a Black woman at the same moment when the Court is likely to ban most race-conscious selections.
The Case Against the Oath Keepers
Members of the group face seditious-conspiracy charges for their roles in the January 6th insurrection. Can a sincere belief that the election was stolen protect them?