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Supreme Court bulletin: sky not falling

ABC News's Jan Crawford Greenburg:

...some of the liberal commentary on the Court since the justices packed up and left town has been almost breathtaking in its over-the-top hysteria. That does no one any favors: not liberals or conservatives � and certainly not the Court itself.

Greenburg proceeds to criticize Oklahoma lawprof Joseph Thai, Chicago lawprof Geoffrey Stone and (inevitably) Times editorialist Adam Cohen for "tabloid-style, Jerry Springer-esque" denunciations of the Roberts Court that evoke "Chicken Littles with their hair on fire", or perhaps a "wrestling smack-down". Both Thai and Cohen, she writes, overstate the significance of the Ledbetter decision on pay challenge time limits, "basically a reprise of a 20-year old decision written by Justice Stevens that had ruled against another woman on essentially the same grounds". Beyond that, many of the "pro-business" decisions denounced by the two were decided by margins wider than 5-4, or in other ways didn't track the liberal-conservative divide on the court ("Both Thai and Cohen write about how the court put limits on punitive damages in the Philip Morris case � and both conveniently fail to mention how the justices voted.") And that's aside from Thai's "preposterous" interpretation of the taxpayer standing case involving a challenge to expenditures on faith-based programs, and his claims that the Court has "made it dramatically more difficult, if not impossible, for ordinary Americans to have their day in court," which, writes Greenburg, "cannot be taken seriously."

Patterico has some further thoughts.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.