The Roberts Court elevates the “how conservative?” question to a heightened pitch. The conservatism meme, though, presents a problem for serious analysts like Tribe and Coyle. The court is not supposed to be a political actor. We expect the justices to provide reasoned grounds for their decisions. That expectation is not wrong—judicial reasoning is a real thing—but neither is it simple.
Gregory P. Magarian
Gregory P. Magarian is professor of law at Washington University School of Law in St. Louis and a well-known expert in free speech, the law of politics, and law and religion. He has written about a variety of topics in constitutional law, including free speech theory and doctrine, media regulation, regulation of political parties, the relationship between church and state, and substantive due process. Before becoming a law professor, he clerked for U.S. Supreme Court Justice John Paul Stevens, as well as for the Hon. Louis Oberdorfer, U.S. District Court for the District of Columbia.