Bench Memos

The Madisonian Precedent

I quite enjoyed Chief Justice Roberts’ Olson lecture last night.  It was informative and engaging. My favorite tidbit: After James Madison nominated Joseph Story and Gabriel Duvall to the Supreme Court, the Senate confirmed both the next business day.  Perhaps the Senate should consider reviving this tradition.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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