The Very Same Social Pressures That Moved The ACA Argument From Off The Wall to On The Wall Threw It Back Off The Wall For CJ Roberts

July 3rd, 2012

That may be one thesis to take away from this. Popular constitutionalist movements can cut both ways, and often in ways that one cannot predict. Once you allow Judges to follow what they think to be popular sentiments, the Judge’s calculus may flip and flop. Especially on an issue that is so socially divisive and evenly┬ádivided. I am rethinking Barry Friedman’s Will of the People book now.