Gerry Bradley wonders what John Roberts might say if asked by his fellow justices, “why do you think it is that we have been having so many 5-4 decisions up here?” I don’t know what he’d say to that, but I know what I would: “Because for some reason there were frequently four of you–but just four–willing to follow Wrong Way O’Connor. So you tell me, how come?”
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About the Author
Matthew J. Franck is a senior fellow at the Witherspoon Institute, a senior contributing editor of Public Discourse, a lecturer in politics at Princeton University, and professor emeritus of political science at Radford University.
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