Professor Adler looks at the new Supreme Court term
Professor Jonathan Adler, a contributing editor for National Review Online (NRO), took a close look at the challenges and questions facing the Supreme Court in its 2005-06 term, with "the first change in the Court's composition in over a decade."
First Monday, National Review Online, October 3, 2005. By Jonathan H. Adler.
"A change to the Supreme Court lineup, even one that does not appear to alter the ideological make-up of the Court, has the potential to disrupt this equilibrium, change institutional norms, and alter the course of existing doctrines. As Columbia law professor Thomas Merrill has observed, after so many years together, the justices learned to predict their colleagues' votes, dispositions, and inclinations -- and therefore the outcomes of individual cases -- with tremendous confidence. No longer. Now it will be more difficult to call the outcomes in once-predictable cases. Even routine applications or clarifications of existing precedent hold out the potential to take Court decisions in a new direction."