Our Nuanced Supreme Court
Stephen Bainbridge debunks Charles Fried’s piece in today’s NYT arguing that the current Supreme Court, contrary to criticism from the Left and Right, has actually been quite moderate and nuanced, exhibiting instead a classical liberalism. Bainbridge points out, quite correctly, that there is no consensus on this Court ; its positions are simply a reflection of what Sandra O’Connor feels on a particular day. (I paraphrase.) He explains why this leads, counterintuitively, to more extreme decisions than would be the case if there was a ideological consensus.
