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« Justices and Personal Political Preference | Main | Mother's Day »
Monday
May122014

The Partisan Generation's Court

(regarding a partisan court and Adam Liptak's articles in the New York Times) 

... I think the best way to look at this is to realize that it is a generation of scholars from the 1960s, and the post-modern culture that emerged, which projects onto the Court its picture of partisanship. It's an article of faith among law and courts scholars not unlike those carried by Christians (or whomever) for their beliefs. It's simply the narrative that the audience likes. My concern is that, not only are the mathematical models terribly misleading, but the theoretical framework is specious as well. It's unfortunate that Liptak has become a company man for this view. I mean, how can you NOT have an ideological court when the centrists are said to have center-ideology? There is no serious thinking among anyone cited in Liptak's article as to what an ideological court, philosophically, really is. All that is really said here is that a generation's attitudes for post-modern culture came to power in academic and intellectual circles. And they painted the color of the room the one they desired.

One day, this orientation won't be here anymore, and new scholars will be re-writing the history for the era.  

----- Original Message -----

Adam Liptak's article prompted me to focus on the partisan split in the Supreme Court.  Whatever the statistical evidence might show, I perceive that many in the general public perceive the Court as partisan.  

> http://www.nytimes.com/2014/05/11/upshot/the-polarized-court.html?_r=0  

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