Bench Memos

NYT on Roberts (Again)

The NYT’s Adam Cohen has a particularly disingenuous editorial suggesting John Roberts may be a “judicial activist.” Largely relying on Roberts’ infamous dissent from denial of en banc review in Rancho Viejo, Cohen warns Roberts displays dangerous signs of activist tendencies. Ann Althouse ably dissects the editorial here. I’ve also challenged the NYT’s previous misrepresentations of this case here and here.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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