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"Barbarians on the bench?"

The New York Times, E.J. Dionne, and others pretend that a right-wing cabal of "highly conservative" and "cold-hearted" justices now exerts near-control over the Supreme Court. In reality, notes Stuart Taylor, Jr. in his new column, the key decisions that were deemed triumphs for the right this term were joined by such justices as Stevens, Breyer and Souter and applauded by such public figures as Barack Obama. Even the exceptions typically came in cases where dissenting conservative justices stood closer to American public opinion than did the majority of the court. "it's misleading to brand as 'far-right' and 'radical' positions that in fact are more liberal than, or near the center of, mainstream public opinion. ... The explanation may be that media portrayals have convinced the public that the Court is more conservative than it really is."

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.