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The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson
The Supreme Court, Question-Selection, Legitimacy, And Reform: Three Theorems And One Suggestion, Benjamin B. Johnson
Saint Louis University Law Journal
No abstract provided.
Legitimacy Without Legality, Or Bassok
Legitimacy Without Legality, Or Bassok
Saint Louis University Law Journal
Beyond the controversy on women’s right to elect an abortion, in Dobbs v. Jackson there is a deep yet hidden disagreement over the Court’s source of legitimacy. The majority judgment speaks of the Court’s source of legitimacy in terms of expertise, while the dissenting opinion speaks of it in terms of public support. My starting point for exposing this disagreement is the divergence between the accurate quote of Alexander Hamilton’s famous dictum from the Federalist No. 78 in Justice Alito’s majority opinion, and dissenting Justice Breyer’s paraphrase of the same dictum in the Dobbs oral arguments. The paraphrased version replaced …