Five years ago, in barring broadcasting of the anti-Prop 8 trial in California, five Supreme Court justices signed onto a ruling that declared: “If courts are to require that others follow regular procedures, courts must do so as well.” It’s now clear that there are no longer five justices who embrace that elementary principle of procedural regularity.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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