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Article: Will the recent election results affect the Court? (U.S. Supreme Court)
- Article from:
- Trial
- Article date:
- March 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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One of the more useful insights in the field of constitutional law was delivered by Mr. Dooley, a fictional bartender created by the humorist Finley Peter Dunne: "[N]o matter whether th' Constitution follows th' flag or not, th' Supreme Coort follows th' iliction return." (Finley P. Dunne, Mr. Dooley at His Best 77 (Elmer Ellis ed., 1969).) This term's dearth of interesting cases affords a good opportunity to reflect on how the reversal of partisan fortunes in Congress may affect the future of the Court. The possibilities are wide-ranging and fascinating.
The most direct implication for the Court follows from the transition in the Senate, rather than the one in the ...