Bench Memos

Re: Majority-Opinion-Turned-Dissent?

A follow-up to this post:

Two savvy Court-watchers have separately passed along to me a third theory, which has a lot going for it. As one of them puts it: “My theory is that the Chief assigned it to himself, but then flipped on the taxing-power issue. The orphan draft opinion had no author and became the joint dissent, but Scalia had to (and clearly did) write the tax piece.”

Most Popular

Elections

The Democrats Made Two Joe Biden Miscalculations

I think it's safe to say that there are many, many progressive Democrats who are more than a little surprised -- and a lot chagrined -- at Joe Biden's polling dominance. Look at FiveThirtyEight's polling roundup. Aside from a few high and low outliers, he leads the race by a solid 20 points (at least). Even ... Read More
U.S.

Our Modern Satyricon

Sometime around a.d. 60, in the age of Emperor Nero, a Roman court insider named Gaius Petronius wrote a satirical Latin novel, The Satyricon, about moral corruption in Imperial Rome. The novel’s general landscape was Rome’s transition from an agrarian republic to a globalized multicultural ... Read More