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What the CLS v. Martinez ruling reveals about the Supreme Court?s processes

By Alliance Alert

Vikram David Amar writing at FindLaw: "While I am obviously pleased (and perhaps a tad surprised) that the Supreme Court embraced the position that [Michael Dorf] expertly crafted, I will attempt, as best I can, to be more detached in the observations I offer in this column. ... Observation #1: At the High Court, Doctrine Truly Matters ... The choice of the 'reasonable' and viewpoint-neutral test --that is, the choice of the appropriate doctrinal box or category on the First Amendment caselaw flowchart -- was crucial to resolving the case. If a different box had been chosen, a different (and more stringent) test would have applied, and a different result might very well have obtained. ... Observation #2: Concessions Made In the Course of Litigation Matter At the High Court ... Observation # 3: Deference to Institutional Judgment Matters to the Justices, and Perhaps Especially So in University Cases."

Full post as published by Constitutionally Correct on July 02, 2010 (boomark / email).