conlawprof  

Re: Citizens United Decided

Nelson Lund
Thu, 21 Jan 2010 14:45:02 -0800

Whatever the merits of the confirmation soundbites about incrementalism and umpiring, this quote doesn't seem inconsistent with either of them.

Nelson Lund
George Mason

Eric Segall wrote:
There's going to be a lot to talk about today but page 13 of Robert's 
concurring opinion (which I can't cut and paste right now) is, in my opinion, 
his signal that Casey was wrong and Roe should be overturned.  It is also 
completely at odds with Alito's opinion in Hein reaffirming Flast (Roberts 
talks about not affirming bad law on new or unpersuasive grounds).

Also, as far as I can tell after a very quick read, neither Kennedy's nor 
Roberts' opinions, both of which talk about stare decisis a lot, mention the 
Casey discussion. For those of us highly critical of Casey on this point, this 
omission is glaring.

So much for Roberts' incremental, umpire approach to the law :)

Eric



Lawrence Solum <lso...@gmail.com> 1/21/2010 10:46 AM >>>
Links on Legal Theory Blog:
http://lsolum.typepad.com/legaltheory/2010/01/citizens-united-decided-major-changes-in-campaign-finace-laws.html _______________________________________________ To post, send message to Conlawprof@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
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