The Rule of Five

Most consequential cases of the 1990s rest with the decisive swing votes of Justices O’Connor and Kennedy—both nominated by Republican presidents and sometimes siding with the liberal bloc. Bush v. Gore divides the nation and challenges the perception that the Court operates independently from partisan politics. With George W. Bush’s nominees and his chance to dramatically shift the balance, the Supreme Court enters a new era of ideological polarization.

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Crisis of Legitimacy

Fri, Oct 13, 2023