Our Nuanced Supreme Court

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.

FILED UNDER: Law and the Courts,
James Joyner
About James Joyner
James Joyner is Professor and Department Head of Security Studies at Marine Corps University's Command and Staff College. He's a former Army officer and Desert Storm veteran. Views expressed here are his own. Follow James on Twitter @DrJJoyner.