Our Nuanced Supreme Court
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Thursday, October 21, 2004
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Stephen Bainbridge debunks Charles Fried’s piece in today’s NYT arguing that the current Supreme Court, contrary to criticism from the Left and Right, has actually been quite moderate and nuanced, exhibiting instead a classical liberalism. Bainbridge points out, quite correctly, that there is no consensus on this Court ; its positions are simply a reflection of what Sandra O’Connor feels on a particular day. (I paraphrase.) He explains why this leads, counterintuitively, to more extreme decisions than would be the case if there was a ideological consensus.
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Fried et al.
Charles Fried complains that the Supreme Court is incoherent. Jack Balkin retorts that it’s to be expected of heterogenous multi-member bodies. Steve Bainbridge concurs. James Joyner concurs with Bainbridge. Eugene Volokh merely links, leaving us to g…
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