Saturday, June 30, 2018

Check it Out: Epps on the Post-Kennedy Court

With all the musings about what the post-Kennedy Court will do, Garrett Epps argues at The Atlantic that we already know--because we already have it.

In the 2016-2017 term, conservatives won 33 percent of . . . ideological casts. Between 2005 and 2016, the highest "conservative victory" percentage was 73 percent.

In 2017-2018, the "conservative victory" percentage was 100 percent.

The only times the four liberals picked off a win was in the "mixed cases," in which they won over a justice like Chief Justice Roberts rather than "swing vote" Kennedy. In other words, the tilt to the right has already occurred. And that tilt coincides with a fundamental, historic, and irreversible change in the court itself and its role in American life.

http://lawprofessors.typepad.com/conlaw/2018/06/check-it-out-epps-on-the-post-kennedy-court.html

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