Bench Memos

Law & the Courts

Catching Up

Having been away on vacation over the past week, I have some catching up to do. In upcoming posts, I’ll try not to go over ground that has already been well trod.

I like to joke that one incidental advantage of being a pessimist is that you’re usually right. When it comes to the Supreme Court, that joke has lost whatever amusement it might have had.

Even before Justice Scalias death, I never shared the high hopes of many conservatives, or the fears of many on the Left, for this past term. And the simple reason I didn’t can be summarized in two words: Anthony Kennedy.

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