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Unilateral Disarmament


I think this data, which I discuss here, needs to be much more widely circulated:

And I think this data — because it can’t fully account for shifts in the center of gravity in the Court — actually understates the asymmetry between the current “conservative” and “Rockefeller Republican liberal” wings. Very few legal scholars, I think, would see Burger (74) as comparably conservative to Scalia (76) — but of course there’s a difference between being “conservative” compared with majority opinions being frequently written by Powell and Stewart and Brennan, as opposed to being “conservative” compared with majority opinions frequently being written by O’Connor and Kennedy and Rehnquist.

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