Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “Surprising Consensus Under a Strong Chief Justice.”
The following is an excerpt:
A number of commentators, including myself, have been highlighting the apparent fact that under the strong leadership of the Chief Justice, the Supreme Court is exhibiting what, to many, has been surprising consensus in opinions, even in cases that are publicly controversial.
This has led to cases decided on narrow, fact-specific grounds, applying constitutional avoidance in some cases and multiple partial concurrences or dissents in others, but generally unanimous or near-unanimous outcomes.
Three of the four cases decided by the Court today clearly fit that characterization. The fourth, a property rights case, displays a traditional conservative/liberal split of views, but, as the Chief Justice makes clear, a most respectful philosophical, not political, division.
Click here to read the full post and more on SCOTUS Today.