Monday, August 18, 2025

JACH (Summer 2025)

The Summer 2025 issue of the Journal of Supreme Court History is now available online.   

Gerard N. Magliocca, Right in Theory, Wrong in Practice”: Women’s Suffrage and the Reconstruction Amendments

The most remarkable constitutional argument ever forgotten is Representative William Loughridge’s dissent from an 1871 report by the House Judiciary Committee. That Report rejected a petition by Victoria Woodhull claiming that the Fourteenth and Fifteenth Amendments gave women the right to vote. 
S. Deborah Kang, Creating a “Mass Production Technique”: Anti-Mexican Racism and the McCarran-Walter Act of 1952
New archival research shines a light on the anti-Mexican animus that motivated the authors and agents of the McCarran-Walter Act of 1952 and reveals that racism was a feature, rather than a bug, of the legislation that still impacts today’s immigration debates.
Sam Erman and Nathan Perl-Rosenthal, Jus Soli Nation to Jus Soli Evasion: International Lawyers for White Supremacy and the Road through Wong Kim Ark 

 In an effort to dismantle the Citizenship Clause and the U.S.’s traditional recognition of “jus soli,” racist opponents to the Fourteenth Amendment set out to establish a practice of “jus sanguinis” with a weaponization of international law. These attempts backfired, and “country by birth” prevailed and more solidly reaffirmed as the Citizenship Clause.

Katherine Shaw reviews David Pozen's The Constitution of the War on Abortion

 David Pozen’s The Constitution of the War on Drugs reveals how constitutional law and values have largely been absent from the arguments surrounding the war on drugs—in an interesting contrast to the constitution’s central place surrounding the debates on abortion and reproductive freedoms. 

--Dan Ernst