The Right Coast

March 17, 2004
An Arbitrary Supreme Court
By Mike Rappaport

Stuart Buck excerpts an excellent opinion by Judge Easterbrook. If there were more ridicule of Sandra Day O'Connor by influential lower court judges, she might feel a little bit more constrained about being lawless. While you should read the entire excerpt by Buck, here is Easterbrook's conclusion:
    Given [the Supreme Court's] McConnell [decision], I cannot be confident that my colleagues are wrong in thinking that five Justices will go along [with the present decision]. But I also do not understand how that position can be reconciled with established principles of constitutional law.