Articles by William J. Stuntz

The Anti-Theorists: What Bush and Rehnquist Had in Common

George W. Bush has lost his favorite Supreme Court Justice. No, Antonin Scalia has not quietly resigned. (Does Scalia quietly do anything?) And yes, Bush does like to say that Scalia is his favorite Justice. But I have a sneaking... Read More

Turning Faith Into Elevator Music

The Supreme Court has spoken, and then some: ten separate opinions in a pair of Ten Commandments cases, which seems nicely symmetrical. What all those opinions add up to, predictably, is a muddle. The Ten Commandments can stay on the... Read More

The Right Has the Wrong Legal Theory

Odds are, George W. Bush will soon appoint a new Chief Justice. More Supreme Court appointments will follow, along with hundreds of lower-court judges. The federal judiciary will soon be Bush Country, a fact that could have larger long-term effects... Read More

The Academic Left and the Christian Right, Part II

Five weeks ago, I wrote a column ("Faculty Clubs and Church Pews") that suggested an odd political coalition: intellectuals and evangelicals. A lot of people have e-mailed me about that column, and a number of blogs have commented on it.... Read More

Faculty Clubs and Church Pews

The past few months have seen a lot of talk about red and blue America, mostly by people on one side of the partisan divide who find the other side a mystery. It isn't a mystery to me, because... Read More

Sunrise in the West

The conventional wisdom holds that America is and always has been divided between North and South. Actually, there is a bigger and deeper divide: between East and West. The West is winning, hands down. Consider these facts. Thirteen times... Read More


The lesson of this year's election is simple: The Republican base beats the Democratic base. Bush and Kerry were both excite-the-base candidates, like Bush and Gore in 2000. So these two elections give us a pretty good indication of... Read More

Why Truman Beat Dewey - and Why Bush Beat Kerry

Editor's note: The following article appeared in TCS on Oct. 26 under the headline "Why Dewey Defeats Truman -- And Bush Beats Kerry?" We reprint the article today, removing the question mark from the article's title. We believe the... Read More

1864 Redux?

One hundred forty years ago, Ulysses S. Grant's Army of the Potomac lay in the trenches around Petersburg, Virginia. A few yards away lay Southern trenches, housing Robert E. Lee's Army of Northern Virginia. Lee's army hardly deserved the... Read More

Daschle May Lose -- And Republicans May Regret It

Bush and Kerry aside, the most important name on the ballot on Tuesday is Tom Daschle, the Senate Democratic leader from South Dakota who is locked in a tight race with John Thune. Daschle has led in most polls,... Read More

TCS Daily Archives