One of the challenges of teaching is the discipline to present fairly arguments of judges whose views appall you, while not acting like an robot without opinions or feelings. Laurence Tribe, the Harvard constitutional law prof, manages to do that. the effect is to make the Supreme Court's conservative majority even scarier than simple denunciation would effect. - gwc
[By Prof. Laurence Tribe:] The Roberts Court: New frontiers in constitutional doctrine:
"One of the Supreme Court’s most important roles in interpreting the Constitution is deciding what areas of public policy will be subject to the limits of constitutional law. For the most part, these boundaries are well settled and are not the subject of significant dispute. For instance, laws that burden political speech, searches executed without a warrant, and physically coercive interrogations are clearly covered by the Constitution....[But i]n each of these three areas — guns, federalism and individual rights relating to economic liberty — the Roberts Court has pushed the frontiers of constitutional law in new directions, empowering itself at the expense of other actors and issuing rulings with far-reaching implications. Some of the most interesting Roberts Court stories in the years ahead will almost certainly arise from these fields, though the path ahead remains fraught with uncertainty."
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