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Wednesday, June 01, 2016

JOTWELL: Wasserman on Lain on The Irrepressible Myth of SCOTUS

I have the new Courts Law essay, titled The Irrepressible Myth of SCOTUS, reviewing Corinna Lain (Richmond), Three Supreme Court "Failures" and a Story of Supreme Court Success (Vand. L. Rev.). Lain's article is part of a symposium on Erwin Chemerinsky's The Case Against the Supreme Court.

And I just could not resist the title.

Posted by Howard Wasserman on June 1, 2016 at 12:33 PM in Article Spotlight, Howard Wasserman | Permalink


Article and review is interesting. Plus, there is a photo.

Justice Souter's discussion of Plessy in his Harvard speech comes to mind.

The comments about Korematsu not quite being as bad as it might seem also to me are useful to note.

As to Buck v. Bell, I'd just note that a somewhat unfortunate thing there perhaps is the claim was treated in such a slipshod fashion. Even if the practice was upheld, this wasn't necessary -- various lower court judges actually struck down certain eugenics policies in that era on various grounds. And, it's unfortunate the one dissent was without opinion.

Posted by: Joe | Jun 2, 2016 9:29:37 AM

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