Saturday, July 14, 2007

Responding to Rosen

TAPPED Archive | The American Prospect:Scott Lemieux, responding to Rosen:
...the Alito/Roberts method is, if anything, even worse for liberals than the Scalia/Thomas one: it achieves the same results while attracting less public scrutiny. And if you have any doubts about the phoniness of the Potemkin modesty of Roberts joining de farco overrulings, it's worth noting that Alito and Roberts did not join the one 'narrowing' opinion of any substantive significance: Kennedy's refusal to go along with the 'color-blind' majority in the school desegregation cases.

While Rosen now concedes that the Court has significantly shifted to the right, he still holds out hope for future consensus on the Court. But this continues to strike me as implausible. far as I can tell there's no reason to believe that the Court will achieve significantly more consensus in future terms, and there never was any reason to believe that the Roberts Court would herald some new era of "judicial restraint."

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