First Amendment Cases Reveal Notable Trends Under Robert's Court

Vikram Amar looks to several First Amendment cases (among others) to identify some notable Court trends that have emerged under Chief Justice Roberts over the past two terms.  These include a steady number of divided opinions (an actual increase over recent years), a seeming hostility to "facial challenges," and hints of how Justice Alito might differ from CJ Roberts in terms of judicial philosophy.  Crawford v. Marion County Election Board, Washington State Grange v. Washington State Republican Party and Hein v. Freedom from Religion Foundation, Inc., are discussed.

-Kathleen A. Bergin