The NYT has a nuanced article that discusses a new study released by the Brennan Center for Justice at NYU. Basically, contra conventional wisdom, the Roberts Court finds in favor of free speech at a lower rate than the three previous Courts. The Roberts Court has...
the Roberts Court
I have a new column up about the Supreme Court stretching to defend corporate interests -- who saw that coming? -- in AT&T v. Concepcion. Another point about the preemption.
I have an article up at The American Prospect putting Citizens United in context as the latest manifestation of the Court's increasing sympathy to the interests of big business. Some.
Jeffrey Rosen continues to claim that liberals "dodged a bullet" when Roberts and Alito were appointed. I continue to find this as unpersuasive as it was a year ago. Some of what he mentions -- such as the rhetoric in dissenting opinions becoming less acerbic...