An analysis by recently retired Supreme Court Justice Stephen Breyer that deconstructs the textualist philosophy of the current Supreme Court's supermajority and makes the case for a better way to interpret the Constitution.

"What’s the best way to determine what most voters want when multiple candidates are running? What’s the fairest way to allocate legislative seats to different constituencies? What’s the least distorted way to draw voting districts? Not the way we do things now. Democracy is mathematical to its very foundations. Yet most of the methods in use are a historical grab bag of the shortsighted, the cynical, the innumerate, and the outright discriminatory....

Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial. In Demand the Impossible, Robert L. Tsai traces Bright's remarkable...