Courting Anarchy

39 Pages Posted: 28 Jan 2010

See all articles by Aviam Soifer

Aviam Soifer

University of Hawaii at Manoa - William S. Richardson School of Law

Date Written: June 1, 2002


What are we to make of a Court that shows so little regard for the rules of the game? How can we make sense of a series of decisions that seem so blatantly incoherent? This is, after all, a Court that calls Congress names in the process of invalidating perceived congressional insults to the dignity of the states and then turns around and insults the states and their judicial systems. As we have seen, the current Court bounces back and forth, for example, between reliance on ordinary language and insistence that language must be defined in terms of legal art, and between interpreting a Commerce Clause whose meaning has changed through judicial interpretation over time and a static Commerce Clause that always must be read to reflect "the very principle of separate state sovereignty."

Suggested Citation

Soifer, Aviam, Courting Anarchy (June 1, 2002). Boston University Law Review, Vol. 82, No. 3, 2002. Available at SSRN:

Aviam Soifer (Contact Author)

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole St.
Honolulu, HI 96822-2350
United States

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