In the art of legal persuasion, how the issue is framed often determines how it is decided. And sometimes the issue itself is who decides or (as once presidentially put) who’s “the decider”.
The Supreme Court was the decider on April 22 when it held that the voters of the States may decide whether to prohibit affirmative action in state ...
How does a judge decide a case? What law, facts, judicial temperament, political or other factors, tangible and intangible make a difference? There’s often no easy answer, no crystal ball prognostication. Multiply that by 9 in the case of the United States Supreme Court. The labels “conservative” and “liberal” are used as a shortcut ...