Suzanna Sherry

Document Type


Publication Title

Green Bag 2D

Publication Date


Page Number





Everyone is picking on the Supreme Court these days. To be sure, some of the criticism is warranted: the Court has butchered history - to say nothing of constitutional text - in its attempt to interpret the Eleventh Amendment, and betrayed its own federalism principles by second-guessing a state court's interpretation of state law (and applying a constitutional test explicitly limited to the case before it). But the current attacks on the Court go well beyond individual cases or doctrines, and are reminiscent of Jeffersonian jabs at John Marshall or the John Birch Society's "Impeach Ead Warren" campaign. Pointing to the Court's invalidation of parts of more than 30 federal statutes over the past decade, critics blame the Justices. The Court is portrayed as arrogant, self-aggrandizing, and unduly activist, and accused of giving insufficient deference - or even a modicum of respect - to Congress.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.