Does the Constitution Forbid Racial Discrimination by the Federal Government?
The Unthinkability Doctrine
EconomicsPsychology
Cass’s Substack.
Cass Sunstein on policy, law, behavioral economics, and public reasoning.
Recent essays
30 of 47You Can See Everything
Thirteen Thoughts on the Best Behavioral Economics Movie Ever
Carl Schmitt and Antisemitism
Friends, Enemies, and Moral Time Travel
The Sex Discrimination Cases of the 1970s and 1980s
Parallel Constitutional Worlds
Defining Socialism
On Friends, Enemies, and Moral Foundations Theory
A Tale of Two Amendments
Freedom of Speech and Gun Rights
Thomas Jefferson and Sally Hemings
Motivated Reasoning, Love Actually, and the Writing of History
Angry Politics
1Cass’s Substack is a reader-supported publication.
On the AI Regulatory Commission
1 I have a short essay today in the NY Times on the idea of an AI Regulatory Commission, which you can find here: https://www.nytimes.com/2026/09/21/opinion/bernie-sanders-jack-dorsey-ai-policy.html#link-5feefa9aCass’s Substack is a reader-supported publicatio…
AI Regulation and the China Question
Yes, the US Can Regulate Unilaterally
The AI Regulatory Commission
Needed Now
The Bizarro Code
Our World and Welcome to It
Birthright Citizenship and Reasoning by Analogy
Some Fundamental Matters in Constitutional Law
Politics and the Supreme Court
Are the Justices affected by the political party of the sitting President?
Mill, Hayek, and Liberalism
Two Routes to Freedom
Space Aliens!
On Being Blindsided About Space Aliens On Live Television
The Availability Heuristic, Universities, and Jason Arday
On the misleading effect of availability cascades
In Praise of Rep. Nancy Mace
A Fierce Advocate for Animal Welfare
The Second Bill of Rights
FDR's Vision
Aldous Huxley's 1949 Letter to George Orwell
On Complementary Nightmares
The Goldstein Effect
What Orwell Saw
Eating the Past
The Langoliers Are Out In Full Force
What is America's Creed?
Justice Gorsuch vs. Vice President Vance
Notes on Democracy
1 A few years ago, I was giving some talks in a nondemocratic country.
On Being A Conservative
Lessons from Friedrich Hayek
Who Has Rights?
AI? Dogs? Pigeons?
The Constitution Is Not a Suicide Pact
On Saving the Federal Reserve Board
Two Ways to Celebrate the USA
It is America’s 250th.
The Unitary Executive
I have a column in the NY Times on the Supreme Court’s decision, which you can find here: https://www.nytimes.com/2026/06/29/opinion/supreme-court-trump-executive-power.html
The Supreme Court and Immigration
Goodbye, Temporary Protected Status for Haitians (and Others)