Schism, Not Consensus, On The Right Wing Of The Supreme Court
mitchellepner.substack.com
Today's op-ed by former Acting Solicitor General Neal Katyal in the New York Times peddles a lovely fairy tale. Titled "The Supreme Court's Powerful New Consensus", the think piece asserts that Chief Justice Roberts has the "remarkable achievement" of fostering unanimous decisions in two-thirds of the Supreme Court cases this year. According to Katyal [a college classmate], this degree of unanimity "is important because it signals that the justices can rise above their differences and interpret the law without partisanship." Katyal states that "the court was unanimous this term in cases that posed big central questions, like whether the government could search your cellphone without a warrant, whether software could be patented, whether the rules for class-action securities lawsuits should change, and many others." Katyal commends the Chief Justice for "the modesty and cultivated collegiality of the nine members of the Supreme Court this year." Prof. Jonathan Adler, in the Washington Post's
Schism, Not Consensus, On The Right Wing Of The Supreme Court
Schism, Not Consensus, On The Right Wing Of…
Schism, Not Consensus, On The Right Wing Of The Supreme Court
Today's op-ed by former Acting Solicitor General Neal Katyal in the New York Times peddles a lovely fairy tale. Titled "The Supreme Court's Powerful New Consensus", the think piece asserts that Chief Justice Roberts has the "remarkable achievement" of fostering unanimous decisions in two-thirds of the Supreme Court cases this year. According to Katyal [a college classmate], this degree of unanimity "is important because it signals that the justices can rise above their differences and interpret the law without partisanship." Katyal states that "the court was unanimous this term in cases that posed big central questions, like whether the government could search your cellphone without a warrant, whether software could be patented, whether the rules for class-action securities lawsuits should change, and many others." Katyal commends the Chief Justice for "the modesty and cultivated collegiality of the nine members of the Supreme Court this year." Prof. Jonathan Adler, in the Washington Post's