Can law and politics be divorced from SCOTUS judicial decision making?

Here’s the abstract for Stephen Matthew Feldman’s Nothing New Under the Sun: The Law-Politics Dynamic in Supreme Court Decision Making, 44 Pepperdine Law Review 43 (2017):

Recent events have seemed to inject politics into American judicial institutions. As a result, many observers worry that the Supreme Court, in particular, has become politicized. According to this view, the Justices should decide cases in accordance with the rule of law and be unmoved by political concerns. These worries arise from a mistaken assumption: that law and politics can be separated and independent in the process of judicial decision making. But at the Supreme Court (as well as in the lower courts, for that matter), decision making arises from a law-politics dynamic. Adjudication in accord with a pure rule of law is a myth. Both law and politics shape legal interpretation and adjudication. Yet, it is worth emphasizing, the ongoing debate over whether Supreme Court decision making is either law or politics is thoroughly political. This Essay elaborates on these assertions and explores their ramifications.

H/T bespacific. — Joe

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.