By Kevin Outterson
Some SCOTUS opinions stir up politics and legislation (think: Roe v Wade). Others tend to end the process. When the Court is interpreting a federal statute, if they get it “wrong” it is of course possible for the elected branches to reverse them. But for some of these issues, political stalemate in Congress gives the Justices the last word, perhaps for decades.
Which makes the Roberts Court both activist and powerful.
For more, see “Political gridlock empowers US justices” in today’s Financial Times, quoting me.
@koutterson
