The Strength of Precedent is in the Justices’ Actions, Not Words

During his Supreme Court confirmation hearings in 2005, now Chief Justice Roberts exposited, “Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath, and judges have to have modesty to be open in the decisional process…

How Justice Thomas’ Discontent Channels Justice Douglas

Over the past year the Supreme Court has in many ways lacked consistency. Its membership has changed, there was a long period of uncertainty as to the future ideological balance of the Court, and with this uncertain future the Court looked like it might make its first strong shift to the left since the Warren…

King of Dissents

  In a time of transition in the Supreme Court, much attention is paid to the Court’s ideological pulse. Justices Thomas and Alito, two of the more conservative Justices on the Court are the top two dissenter so far this Term (see below). Justice Thomas in particular was noted for his lone dissent in the death…