6 Comments
Jun 24, 2021Liked by David Lat

Unless some major curveball comes across home plate in the ninth inning here, this seems spot on. Though I’m curious if the new commission on to-reform-or-not-to-reform SCOTUS will have the same read of the situation.

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Jun 24, 2021Liked by David Lat

I agree.

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Jun 25, 2021Liked by David Lat

I wonder if you caught Will Baude's observation that Cedar Point appeared to harken back to the Court's Lochner-era reasoning.

If they continue down that path, then no amount of narrow free exercise decisions will justify not acting swiftly to curb the Court's power.

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Jun 24, 2021Liked by David Lat

David, I agree with your premise for the current term. You make some very good points. Your comments reminded me of what Adam Liptak of the NYT recently pointed out, saying the liberal wing of the court is having a surprisingly good run through the 39 decisions that have been released.

However, the threat remains that the next term has the potential to drastically change that perception depending on how the Court comes down on the outstanding gun and abortion rights cases.

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