Matt beat me to the most obvious response to Jeffrey Rosen's modified limited hangout on Chief Justice Roberts. Although it's indeed reasonable to have claimed that Roberts was better than some of the other alternatives, this is quite different than his contemporaneous arguments about Roberts,...
Supreme Court
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.
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 result (by most observers' lights) in 24 out of the 24 cases decided by a...
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.
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 way of strongly held policy preferences:Affirmative action cases pose a similar but even more difficult...
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,.
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 even say that some Chicago School doctrine might have had a salutary effect at the...
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.
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.