By Alexander Klein ( October 11, 2018, 6:02 PM EDT) -- Since 2010, the U.S. Supreme Court has delved into some the most contentious issues in American politics — from upholding gay marriage and the Affordable Care Act to striking down campaign contribution limits and a portion of the Voting Rights Act of 1965. On these subjects, the Supreme Court splits along party lines. It recognized a constitutional right to gay marriage by a vote of 5-4. It sustained Obamacare by a vote of 5-4 (and then 6-3). It decided Citizens United 5-4. And it modified the Voting Rights Act 5-4. Without knowing the legal questions being decided, most observers could predict how nearly every justice decided nearly every one of these cases. This is not a helpful scenario for an institution whose legitimacy is based upon the premise that laws ascend over politics rather than politics ascending over laws....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.