once again i think that mark lemley’s article on the “imperial supreme court” is the most perceptive thing written about the roberts court and its overarching project harvardlawreview.org/forum/vol-13...
Deferring to the Supreme Court is a norm. How long do we observe a norm in the face of an utterly unleashed and unimpeded Court that does the fuck what it wants and makes up reasons for it later?
The "newfound conservative majority is simply doing whatever it wants in the cases before it, consistent with a particularly strong form of the legal realist idea that judges just implement their own policy preferences."