Roll Call: Latest News on Capitol Hill, Congress, Politics and Elections
October 26, 2014

Takeaways from the Supreme Court’s Term

Eric Posner has a series of very interesting takeaways from the Supreme Court’s latest term, which included a slew of controversial issues from same-sex marriage to the Voting Rights Act to affirmative action and many others. Here are some of the highlights”

“The ideological rift between the majority and the minority is really, really strong. Judges are supposed to base their decisions on legal materials and the proper roles of the branches of government, but the current justices mostly gesture at them; they can hardly maintain consistency from one day to the next. I’m exaggerating a bit. There are plenty of unanimous opinions. But mainly about things no one cares about.”

“Because Kennedy is so often the swing vote, it is more accurate to call this court ‘libertarian’ than ‘right-wing.’ The Cato Institute, a libertarian think tank, prevailed in 15 of the 18 casesin which it submitted a friend-of-the-court brief this term.”

“The conservative justices really are very, very conservative. I had up until now pooh-poohed liberal constitutional law professors and journalists who argued that the court had gone off the rails. Mea culpa.”

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