Have you ever written about something that explicitly takes up, say, Marbury v. Madison, or Federalist 78? Something that considers judicial review at some length, without contemptuously dismissing it out of hand?
This is a very refreshing analysis. So much SCOTUS commentary ignores that we are in an era when a new judicial regime is being solidified. What is often presented as a series of ad hoc partisan decisions is more likely to be strategic in the sense that the consideration of harmonizing their judicial approach *so that it is likely to last because it makes sense over time* is very likely top of mind in this majority. The “senseless partisanship” frame and the “corruption” frame both ignore the institutional imperatives of a *judicial* institution.
Have you ever written about something that explicitly takes up, say, Marbury v. Madison, or Federalist 78? Something that considers judicial review at some length, without contemptuously dismissing it out of hand?
This is a very refreshing analysis. So much SCOTUS commentary ignores that we are in an era when a new judicial regime is being solidified. What is often presented as a series of ad hoc partisan decisions is more likely to be strategic in the sense that the consideration of harmonizing their judicial approach *so that it is likely to last because it makes sense over time* is very likely top of mind in this majority. The “senseless partisanship” frame and the “corruption” frame both ignore the institutional imperatives of a *judicial* institution.