Countermajoritarian Confounder
The least democratic part of American government is unlikely to change anytime soon.
The least democratic part of American government is unlikely to change anytime soon.
In Scorpions: The Battles and Triumphs of FDR’s Great Supreme Court Justices, Noah Feldman, the Bemis Professor of International Law at HLS, paints the lives of Justices Hugo Black, William O. Douglas, Felix Frankfurter and Robert H. Jackson. Feldman argues FDR’s appointees were largely outsiders. Both Justice Black and Justice Jackson had a scant legal education. Justice Douglas came from a ... Read More
In her recent post, Caroline argued that televising oral arguments of the Court would fix the public’s ignorance about the Supreme Court and the activities of the judicial branch. The independence of the judiciary, so the argument goes, will not be compromised given a few nonintrusive electrical fixtures. At the same time, the people will gain much from being able ... Read More
Last year, Justice Alito shook his head and mouthed “not true” when President Obama made an uncharacteristic jab at the Supreme Court for its decision in a campaign finance case. At a question and answer session following a speech at the Manhattan Institute, Justice Alito announced that he will not attend the State of the Union address this year. He found ... Read More
It’s easy to get caught up in the cha-cha slide. Slide to the left. Slide to the right. Freeze! Everybody clap your hands! You don’t really pay attention to whose toes you’re stepping on, where you’re going, or how goofy you really look. Perhaps that’s a good thing, but I can make the argument that the populus is dancing the ... Read More
Author of “Active Liberty” and the newly released “Making Our Democracy Work: A Judge’s View,” Supreme Court Justice Stephen Breyer begins the new term as the second most senior member of the liberal bloc after Justice Ginsburg. President Clinton appointed Breyer to the High Court in 1994. Without any appointments until the death of Chief Justice Rehnquist in 2005, Justice ... Read More