Henderson’s Idea of Balance

Detroit Free Press deputy editorial page editor Stephen Henderson hopes that the election of Democratic president will help restore “balance” to the U.S. Supreme Court.  Yet as Eugene Volokh observes, Henderson’s idea of balance is simply a more liberal court.  This is an odd thing to characterize as “balance” — just as it is odd Henderson claims there is a conservative “dominance” on the current court.

Long time Bench Memos readers may recall I’ve commented on Henderson’s work before.  While a Knight-Ridder correspondent he covered the Alito nomination, and raised some eyebrows with the slant of his reporting.  See, for example, here and here.

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