Jeffrey Rosen

An Affirmative Action Solution Even Conservatives Should Love
October 10, 2012

On Wednesday the Supreme Court heard arguments in Fisher v. Texas, the most important affirmative action case in a decade. The Court is sharply divided on the question of the permissibility of racial preferences in university admissions, and the questions posed by the justices reinforced the possibility that Fisher will produce a 5-3 decision pitting five conservatives who want to severely restrict if not eliminate affirmative action in higher education against three liberals who want to preserve it. (Justice Elena Kagan is recused because she worked on the case as Solicitor General).

Corporations Are People When They Donate to Campaigns—But Not When They Violate Human Rights?
October 02, 2012

The Supreme Court this week took a position at odds with it's Citizens United holding: corporations aren't persons when they aid and abet torture.

Big Chief
July 13, 2012

Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman";} IN THE WEEKS BEFORE the Supreme Court decided the fate of the Affordable Care Act, conservatives became increasingly worried that Chief Justice John Roberts was about to lose his nerve.

Welcome to the Roberts Court: How the Chief Justice Used Obamacare to Reveal His True Identity
June 29, 2012

In 2006, at the end of his first term as Chief Justice, John Roberts told me that he was determined to place the bipartisan legitimacy of the Court above his own ideological agenda. But he recognized the difficulty of the task. “It’s sobering to think of the seventeen chief justices,” he said.

Why Monday’s Immigration Decision Should Be a Model For Thursday’s Obamacare Ruling
June 26, 2012

The Supreme Court’s decision to strike down most of Arizona’s immigration law is a cause for celebration—not least because it’s a model of how the Court can make decisions based on judicial philosophy rather than partisanship. The bipartisan majority opinion by Justice Anthony Kennedy, joined by Chief Justice John Roberts and the three liberal justices (Elena Kagan was recused) was modest and nuanced in tone and in substance—and consistent with all of the justices’ previous expressions of willingness to allow federal policies to trump state ones in cases where they conflict.

The Supreme Court Has a Legitimacy Crisis, But Not For the Reason You Think
June 11, 2012

Last week, a New York Times/CBS poll found that only 44 percent of Americans approve of the Supreme Court’s job performance and 75 percent say the justices are sometimes influenced by their political views. But although the results of the poll were striking, commentators may have been too quick to suggest a direct link between the two findings.

In Defense of the Constitution: The Battle for Obamacare
June 08, 2012

AT THE END OF MARCH, when Solicitor General Donald Verrilli appeared before the Supreme Court to make the case for the Affordable Care Act, he was widely perceived to have choked. When he approached the podium in the packed courtroom, the stakes could not have been higher. Verrilli was defending the Obama administration’s central domestic achievement, a reform that had consumed the White House for the better part of the president’s first term.

Are Liberals Trying to Intimidate John Roberts?
May 28, 2012

In the current issue of TNR, I suggested that the health care decision represents a “moment of truth” for John Roberts because, if the Supreme Court overturns the Affordable Care Act by a 5-4 vote, Roberts’s "stated goal of presiding over a less divisive court will be viewed as an irredeemable failure.” This observation was intended as nothing more than a statement of the obvious. It has nonetheless provoked an outraged reaction from conservative commentators.

Why the Law Will Eventually 'Evolve' on Gay Marriage Just Like Obama Did
May 21, 2012

President Obama’s announcement that he supports same-sex marriage may have had an immediate impact on political discourse, but the same can’t be said of its implications for constitutional jurisprudence.

On CISPA, Obama and Congress Still Don’t Get It
May 08, 2012

The Obama administration has hardly been a consistent defender of digital privacy. Recall, for example, its support for the reauthorization of the Patriot Act, or its position—unanimously rejected by the Supreme Court in U.S. v. Jones—that we should have no expectations of privacy in public.

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