Hospital Care in New York City

Judicial Review as a Limit on Government Domination: Reframing, Resolving, and Replacing the (Counter)Majoritarian Difficulty

“…92 Only in the Border States, where public opposition was weaker, did the Court's ruling prompt implementation. Lateral cases involve situations in which lower-court judges cannot directly implement a Supreme Court ruling.…”

Why Dennis v. United States is a Landmark Case

“…But "Dennis was decided in 1951, when McCarthyism was at its peak." 116 The "grave and probable" danger test that the Supreme Court used to justify the largely unjustifiable prosecution of a handful of Communist leaders for their harmless teaching and advocacy has now largely fallen into desuetude. But while the test is no longer important, memories of its effects on Cold War America persist.…”

The Judicial Bookshelf

“…83 (When it does depart, Klarman believes, it is more likely to be reflecting opinion that is mainstream within the nation's social and cultural elite). This seems so, he explains, because of the polarity of factors-legal and politicalthat influence judicial decision-making.…”

“…Brown "plainly raised the salience of school segregation, encouraged blacks to litigate against it, changed the order in which racial practices would otherwise have been contested, mobilized extraordinary resistance to racial change among southern whites, and created concrete occasions for street confrontations and violence." 93 Two of these points merit brief comment. First, Klarman perceptively notes that in the early 1950s, most blacks were probably more concerned about the quality of their children's education than about the fact that it was a segregated education.…”

“…"One cannot know how long token school desegregation might have persisted had white southerners played their hand differently." 97 Massive resistance provoked adoption and implementation of ameliorative countermeasures that might otherwise never have been adopted.…”