The Right Coast

Editor: Thomas A. Smith
University of San Diego
School of Law

Monday, October 8, 2018

The Next Kavanaugh Stakes

The real source of Democratic grief is less what the new Roberts majority might do than what it won’t. For some years at least, the Supreme Court is unlikely to be the left’s alternative legislature for its policy agenda. A conservative majority won’t bar arbitration if Congress hasn’t done so, won’t create new rights that aren’t in the Constitution, and will be more skeptical of executive-branch rewrites of Congressional statutes.



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