Alito’s Dissents

The NYT has an interesting story on Alito’s dissents today. While many are focusing on Alito’s Casey dissent, and the fact that the Supreme Court subsequently disagreed with Alito’s opinion, the story notes Alito has more often had his dissents vindicated by the Court.

The Supreme Court rejected the position set out by Judge Alito in a dissent in an abortion case. But in at least three other cases, it adopted the position advanced in his dissent.

Frank B. Cross, a law professor at the University of Texas who has compiled a database tracking how the Supreme Court reviews appellate decisions, said: “This is the highest of anyone in the database. It shows that when his court took an important and controversial case and got it wrong, from the perspective of the Supreme Court, he identified that and dissented. Indeed, his dissent may have been part of what got the Supreme Court’s attention.”

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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