Bench Memos

“The Burkean Justice”

In an excellent and interesting cover essay in the new Weekly Standard, Adam J. White explores “three themes and influences that manifest themselves” in Justice Alito’s recent opinions in First Amendment speech cases:

government’s legitimate role in “protecting traditional values”; the thought of Yale professor Alexander Bickel, a Burkean conservative whose work was largely overshadowed by the emergence of modern “Originalist” jurisprudence; and the Warren Court’s reapportionment cases, which Alito’s father had the job of implementing in New Jersey.

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