Saturday, May 29, 2010

How to Analyze the Future Direction of the Supreme Court

This article by Tom Goldstein not only provides a terrific overview of what a Stevens less Supreme Court would look like, but more importantly for us, uses a precise methodology for dissecting how the Supreme Court approaches constitutional questions.

It breaks the future down into sections involving:

1 - The articles of the Constitution
2 - Cases involving the Bill of Rights
3 - Non-Constitutional Cases

Each is further divided into those issues that are most topical today. I'll try incorporating this into future lectures, but this is the best thing I've read in some time that details the specific constitutional conflicts at issue today, and how they are likely to shift -- or not -- in the near future.