Monday, September 10, 2018

Check it Out: Serwer on the Court's Return to the 19th Century

Check out Adam Serwer's piece in The Atlantic, The Supreme Court is Headed Back to the 19th Century. Here's a taste:

The conservative majority on the Supreme Court today is similarly blinded [like the Court in the late 19th century] by a commitment to liberty in theory that ignores the reality of how Americans' lives are actually lived. Like the Supreme Court of that era, the conservatives on the Court today are opposed to discrimination in principle, and indifferent to it in practice. Chief Justice John Roberts's June 2018 ruling to uphold President Donald Trump's travel ban targeting a list of majority-Muslim countries, despite the voluminous evidence that it had been conceived in animus, showed that the muddled doctrines of the post-Reconstruction period retain a stubborn appeal.

http://lawprofessors.typepad.com/conlaw/2018/09/check-it-out-serwer-on-the-courts-return-to-the-19th-century.html

Courts and Judging, News | Permalink

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