Greg Weiner is Provost and Vice President for Academic Affairs at Assumption University. He is also a Visiting Scholar at the American Enterprise Institute. He is a regular contributor for The Constitutionalist. The June round of Supreme Court decisions will help reveal … Continue reading Principle, not Institutionalism, at the Supreme Court
UPDATE: I stand by the concerns about adjusting the size of the Court, but I suspect I was hasty in criticizing the six-month deadline. The membership of the Commission is excellent, and I wish it well. I’m leaving the post in place below. President Biden has announced a 180-day commission that will study reforms of the Supreme Court, including expanding its membership and limiting justices’ terms. There may be good reasons for some of these. The roadblock that conservative justices present to progressive priorities right now is not among them. Consequently, the most revealing and disturbing aspect of the Biden … Continue reading Expanding the Court
Linda Greenhouse has this column at The New York Times this week, aptly observing the significance of Chief Justice John Roberts’ solitary dissent in Uzuegbunam v. Preczewski—but also illustrating exactly the kind of situational constitutionalism he sought to avoid. The case was brought by a plaintiff who was prohibited by Georgia Gwinnett College, a public institution, from sharing his religious views outside, then even inside, a designated free speech area. Once challenged, the college changed the policy, rendering the dispute moot. But the plaintiffs sought a dollar of damages, raising the question of whether they retained standing to sue even after getting what they wanted. … Continue reading Standing and Situational Constitutionalism
