First, here’s the smart money (or at least my money): 6-3, with Chief Justice John Roberts and Justice Anthony Kennedy joining Justices Ginsburg, Breyer, Sotomayor and Kagan.
Second, narrow or broad: Most likely, narrow (much easier to get six votes), with at least four justices saying they would go further, but I’m not counting out the broad decision.
Third, why now? Most important factor: political change in America. _
We like to think (and many students are taught) that the federal courts, with life tenure for judges, operate outside the political process, especially when protecting the rig...
Reader Comments(0)