Tuesday, May 19, 2009

Injustice in Chief

Jeffrey Toobin, from the New Yorker Magazine for May 25:
After four years on the Court, however, [Chief Justice John] Roberts’s record is not that of a humble moderate but, rather, that of a doctrinaire conservative. The kind of humility that Roberts favors reflects a view that the Court should almost always defer to the existing power relationships in society. In every major case since he became the nation’s seventeenth Chief Justice, Roberts has sided with the prosecution over the defendant, the state over the condemned, the executive branch over the legislative, and the corporate defendant over the individual plaintiff. Even more than Scalia... Roberts has served the interests, and reflected the values, of the contemporary Republican Party.
Look out for falling legal doctrines in the week to come as the Supreme Court winds up its current term.

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