A consequence of constitutional design. From WaPo:
For the Supreme Court, it was the year of living on the verge. On the verge of declaring the key provision of the Voting Rights Act unconstitutional, but then stepping back. Looking hard at whether some protections of minorities amount to violations of the Constitution, then leaving the topic for another day. Appearing sympathetic to school officials for their decision to strip-search a 13-year-old student, but shielding them only from any liability for their actions.
The court's term avoided the blockbuster decisions that at one point seemed inevitable. But its path was clear: a patient and steady move to the right led by Chief Justice John G. Roberts Jr., one that is likely to continue even if President Obama is successful in adding Judge Sonia Sotomayor to the high court -- and perhaps two others like her.
Both my 2301 and 2302 students should read this, and we will discuss this in my lecture class. It not only touches on the constitutionally established interplay between the branches, but the style of the Chief Justice, and the likely future of the court.
