Living Without Stevens
April 21, 2010
Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog. A version of this piece was originally posted there on April 18, 2010. Supreme Court retirements inevitably produce much more coverage of process than substance. The press is dominated by political rather than legal reporters. Politics is also more familiar and therefore more accessible to the public than are court decisions. The irony is that this attention to process is not very meaningful—at least at this stage, when there is no nominee.
May 15, 2009
When President Obama announced Supreme Court Justice Souter’s decision to retire, he said he would prefer a candidate who understands that justice “is also about how our laws affect the daily realities of people's lives.” This is not the description of most law professors that I know (and I know quite a few). Nor is this the description of anyone who has spent their entire career as a lawyer or judge. In fact, the type of person who is most likely to have this kind of first-hand experience is an elected official--an effective and dedicated politician. The nine members of the current U.S.
The Age of Mixed Results
June 28, 1999
One Case at a Time: Judicial Minimalism on the Supreme Court by Cass R. Sunstein (Harvard University Press, 290 pp., $29.95) I. America now is a society addicted to legalism that has lost its faith in legal argument. The impeachment of Bill Clinton was only the most visible manifestation of this paradox.
July 08, 1996
Poor Justice O'Connor! For the past three years, she's struggled ineffectually to split the difference between four liberal Justices, who think that the Constitution doesn't prevent the states from drawing voting districts on the basis of race, and four conservative Justices, who think it does. But last week, in striking down majority black congressional districts in Texas and North Carolina, she found an ingenious solution to her dilemma.
The Color-Blind Court
July 31, 1995
The conservative justices are privately exuberant about the remarkable Supreme Court term that ended last week. Surprised and slightly dazed by the magnitude of their victory, they think they have finally exorcized the ghost of the Warren Court, fulfilled the goals of the conservative judicial revolution and vindicated the ideal of a color-blind Constitution for the first time since Reconstruction.