CONSTITUTIONAL TRADITIONALISM IN THE ROBERTS COURT

Rashomon and the Roberts Court

As the opening quip of Pam Karlan’s article suggests,1 it is difficult to make sensible predictions about the future of the Roberts Court’s election law jurisprudence based upon the two cases decided during its first year. Even law professors are cautious about drawing inferences from two data points. And given the many opinions rendered in Randall v. Sorrell2 and League of United Latin America...

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

The Least Activist Supreme Court in History? the Roberts Court and the Exercise of Judicial Review

Not too many years ago, scholars could reasonably speak of the U.S. Supreme Court as being among the most activist in American history. Both empirical and normative scholarship was driven by the sense of a Court that was aggressive in the assertion of its own supremacy and active in the exercise of the power of judicial review. The Court under Chief Justice John Roberts cannot be viewed in the ...

Withdrawal: The Roberts Court and the Retreat from Election Law

The Roberts Court and the Limits of Antitrust

Numerous commentators have characterized the Roberts Court’s antitrust decisions as radical departures that betray a pro-business, anticonsumer bias. That characterization is inaccurate. Although some of the decisions do represent significant changes from past practice, the “probusiness/anti-consumer” characterization fails to appreciate the fundamental limits of antitrust, a body of law that r...