Benjamin Eidelson
Reasoned Explanation and Political Accountability in the Roberts Court
The Supreme Court invalidated two major executive-branch initiatives in the past two years, pointing in each case to concerns about an evasion of political accountability. This Feature surfaces the “accountability-forcing” brand of arbitrariness review at work in these cases, unpacks its significance, and mounts a qualified defense of its merits.
Respect, Individualism, and Colorblindness
The “colorblind” approach to equal protection purports to treat people as individuals. This Article excavates the philosophical foundations of that idea and argues that the Supreme Court has misconceived it. If the Court pursues colorblindness, it should do so not with indignation but with ambivalence and regret.
Kidney Allocation and the Limits of the Age Discrimination Act
122 Yale L.J. 1635 (2013).
The Majoritarian Filibuster
122 Yale L.J. 980 (2013). The debate over the Senate filibuster revolves around its apparent conflict with the principle of majority rule. Because narrow Senate majorities often represent only a minority of Americans, however, many filibusters are not at odds with majority rule at all. By paying attention to such “majoritarian filibusters,” this Note aims to disrupt the terms of...