One of the most common complaints I hear at our regular Tuesday constitutional law lunches is that the Supreme Court is too often divided, 5-4, along predictably ideological lines. That suggests, of course, that the justices’ opinions are determined more by political prefernce than legal principle.
But an excellent reader in The New York Times this morning presents another view: That the court is often less divided, and less ideologically driven, than it sometimes appears, even in many significant cases. And that despite President Obama’s appointments, we can expect continued conflict between the court and the administration. Click here to read the article.