Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary
Ross E. Davies
George Mason University School of Law; The Green Bag
March 3, 2014
Green Bag 2d, Vol. 17, No. 1, pp. 99-114, Autumn 2013
George Mason Law & Economics Research Paper No. 14-08
For a long time, Justices of the U.S. Supreme Court felt free to express their views about the Constitution not only in their judicial opinions, but also in their off-the-bench writing. There came a time, however, when they seemingly did not feel so free – just briefly, in 1991. And then things returned to normal. This article sketches the background and context of that stop-and-start, and then speculates about how and why it happened.
Number of Pages in PDF File: 17
Keywords: Life Magazine, William Rehnquist, Byron White, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, Antonin Scalia, Anthony Kennedy, David Souter, coordination, lobbying, boycotting, marketing
JEL Classification: K40Accepted Paper Series
Date posted: March 4, 2014 ; Last revised: March 19, 2014
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