Unanimity in the Supreme Court used to be the norm. In the early Supreme Court there were few dissents and so there was little opportunity to see differences between the justices’ views outside of how they authored their majority opinions. This practice has changed over the years as now decisions are more frequently divided rather…
Tag: Voisine v. United States
A New Era in SCOTUS Textualism
Legal interpretation begins with a legal text. At least in theory it does. While in practice this is not always the case, textualism has become synonymous with conservatism in recent Court eras primarily due to Justice Scalia’s reliance on the language of statutory texts. In practice, a textualist approach is not limited by judicial ideology and…
Signs of a Gridlocked SCOTUS
Congress has historically low levels of public approval. Current Gallup Polls place Congress’ approval rating at around 18%. The Supreme Court’s approval rating tends to hover much higher – generally around the 50% level. One reason for this disparity is from sense that the Supreme Court does not engage in politics in the manner of other…