The Recent Role of Separate Opinions

In a 2015 article for the Washington Post reviewing Melvin Urofsky’s book Dissent and the Supreme Court, the David Cole wrote, “What determines a great dissent…is not necessarily the power of the argument but the shifting tides of history…History, not rhetoric or cogency, determines whether a dissent wins out in the long run. Yet by articulating a…

Is a Recipe for Justice Kennedy a Recipe for Success?

The puns are endless with a case that goes by the name Masterpiece Cakeshop v. Colorado Civil Rights Commission.  The stakes though are no laughing manner. If the Court decides all of the issues brought up in the case, boundaries of the First Amendment doctrine may be rewritten as could the defining lines between religious…