Two Centuries of Declining Judicial Agreement

The evolution of judicial agreement within the Supreme Court of the United States reflects a significant historical shift over the past two centuries. Initially, the justices exhibited a remarkable level of consensus, particularly in landmark cases that shaped American constitutional law. However, as the political landscape has transformed, so too has the nature of judicial decision-making, leading to increased polarization among the justices. This trend raises critical questions about the implications for the rule of law and the functioning of American democracy. The Historical Context of Judicial Agreement From the establishment of the Supreme Court … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. David Souter’s Judicial Philosophy Justice Souter was known for his distinctive judicial philosophy, which embraced a common law approach to interpretation. This approach allowed for both precedent and progress in the law, a balance that characterized much of his work on the Supreme Court. He … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. The Legacy of Justice Souter Justice David Souter’s judicial philosophy was deeply rooted in a common law approach to interpretation, allowing for both precedent and progress in the law. He embraced the qualities of a progressive and a Burkean gradualist, which were evident in his … Read more

Supreme Court Difficult to Read in Case on Campaign Finance Limitations

The recent proceedings of the Supreme Court have brought to light significant challenges surrounding campaign finance limitations. The case, National Republican Senatorial Committee v. Federal Election Commission, involves a dispute over federal laws that restrict the amount of money political parties can spend in coordination with candidates. As the justices deliberated, the atmosphere was charged with questions regarding the balance between free speech and regulatory measures in electoral politics. Context of the Case During the oral arguments, which lasted over two hours, various justices expressed sympathy towards the challengers’ stance that these expenditure limits infringe … Read more