One one level, I'm sympathetic to Ilya Somin's response to Adam Cohen's "gotcha" column about "judicial activism." It's true that most conservatives have never claimed that the Courts should never overturn laws or applications of laws by the executive branch, and in this sense individual...
Supreme Court
Fred Hiatt is the editorial page editor of The Washington Post.The Washington Post sums up the sharp rightward turn made inevitable by the judicial nominees whose confirmation they endorsed: "the.
Marty Lederman identifies the two crucial pieces of data from the first full term of the Roberts Court. The first is that "the Chief Justice voted for the more conservative.
I'll have more substantive comments on the post (and the Greenhouse article, and the WaPo's ridiculous "we're strongly opposed to the rulings that were made utterly inevitable by the justices we endorsed" editorial stance) later. But I wanted to have some fun this comment from...
Jonathan Zasloff beat me to Cass Sunstein's discussion of Roberts and Alito's "minimalism," but since I'm working on and thinking about a scholarly article about it I thought I'd add.
I have an article up in TAP about the affirmative action cases and "originalism." The cases make clear that for even justices who occasionally practice it rarely gets in the.
Emily Bazelon has an amusing article asking liberal and moderate legal scholars who claimed that Roberts would not preside over a rightward shift on the Court on the basis of...well, frankly I have no idea if they have second thoughts. (Of course he said he...
Some further reading about today's Supreme Court decision striking down school desegregation programs in Seattle and Louisville:Echidne finds some applause for the decision and offers a critique.Mary Dudziak on the.
I should say off the top that I don't know enough about antitrust to know about the economic wisdom of the latest 5-4 pro-business decision by the Roberts Court. I'll.
Some initial observations based on a first reading of the Court's opinion striking down voluntary school integration programs in Louisville and Seattle:Nothing in the text of the Constitution compels these programs to be struck down. Essentially, Roberts's plurality opinion rests on the assertion that racial...
Stevens, dissenting in the Seattle integration case:There is a cruel irony in The Chief Justice’s reliance on our decision in Brown v. Board of Education, The first sentence in the.
Another big day at the Supreme Court today. In addition to striking down a school racial integration plan (maybe Scott will say more on this. I'm disgusted but not surprised),.