Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary

Green Bag 2d, Vol. 17, No. 1, pp. 99-114, Autumn 2013

George Mason Law & Economics Research Paper No. 14-08

17 Pages Posted: 4 Mar 2014 Last revised: 19 Mar 2014

See all articles by Ross E. Davies

Ross E. Davies

George Mason University - Antonin Scalia Law School, Faculty; The Green Bag

Date Written: March 3, 2014

Abstract

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.

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: K40

Suggested Citation

Davies, Ross E., Extrajudicial Reticence: Nine Justices Take a Brief Break from Constitutional Commentary (March 3, 2014). Green Bag 2d, Vol. 17, No. 1, pp. 99-114, Autumn 2013; George Mason Law & Economics Research Paper No. 14-08. Available at SSRN: https://ssrn.com/abstract=2403957 or http://dx.doi.org/10.2139/ssrn.2403957

Ross E. Davies (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

The Green Bag ( email )

6600 Barnaby St., NW
Washington, DC 20015
United States

HOME PAGE: http://www.greenbag.org

Register to save articles to
your library

Register

Paper statistics

Downloads
86
Abstract Views
1,394
rank
298,993
PlumX Metrics