Working Without a Net: Supreme Court Decision Making as Performance
Gedicks, Frederick Mark, Working Without a Net: Supreme Court Decision Making as Performance (February 17, 2017). BYU Law Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2919682 “A Depression-era Justice once suggested that in constitutional challenges the Supreme Court simply compares government action to the Constitution and decides “whether the latter squares with the former.” Chief …