A conservative Supreme Court is poised to roll back many progressive achievements, from affirmative action to abortion. In the forum that opens Rethinking Law, legal scholars Joseph Fishkin and William E. Forbath argue that the left must stop thinking of the law as separate from politics. Instead, we must recover a lost progressive vision, a “democracy of opportunity,” that sees the public—not the judiciary—as the ultimate arbiter of what the Constitution means.
Offering a nuanced picture of the relationship between law and politics, other essays in Rethinking Law further explore the meaning of law beyond the Constitution and the courts. They look to social movements, including civil rights and LGBTQ rights, for lessons about social transformation. While contributors debate the limits of law in a vastly unequal society, they agree that it remains an essential resource for building a more just world.

About the Author

Amy Kapczynski is Professor of Law at Yale Law School and cofounder of the Law and Political Economy blog.

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