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Do Supreme Court Nominees Lie? The Politics Of Adjudication, Stephen M. Feldman
Do Supreme Court Nominees Lie? The Politics Of Adjudication, Stephen M. Feldman
Stephen M. Feldman
When John Roberts and Samuel Alito testified during their Senate confirmation hearings, they promised to decide cases apolitically in accord with the rule of law. Yet, during their first terms on the Supreme Court, they repeatedly voted to decide cases consistently with their conservative political ideologies. One must wonder: did Roberts and Alito lie‘ This Essay answers this crucial question by critiquing the theories of Richard Posner and Ronald Dworkin, two of the most prominent jurisprudents of this era. While Posner and Dworkin have vehemently attacked each other, they both maintain that Supreme Court adjudication of hard cases is politics …