An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars
Adam Liptak The New York Times
One study found that the Supreme Court led since 2005 by Chief Justice John G. Roberts Jr. has been 'uniquely willing to check executive authority.’ (photo: Haiyun Jiang/NYT)
21 December 22
Several new studies document the current court’s distinctive insistence on its dominance and the justices’ willingness to use procedural shortcuts to achieve it.
But a burst of recent legal scholarship makes a deeper point, saying the current court is distinctive in a different way: It has rapidly been accumulating power at the expense of every other part of the government.
The phenomenon was documented last month by Mark A. Lemley, a law professor at Stanford, in an article called “The Imperial Supreme Court” in The Harvard Law Review.
