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Expert Analysis

Tickets To Roberts Court: Good For This Day And Train Only?

By Rahul Mukhi and David Felton (July 31, 2017, 1:51 PM EDT) -- In a 1944 dissenting opinion, Justice Owen Roberts criticized the majority of the U.S. Supreme Court for tending to "bring adjudications of this tribunal into the same class as a restricted railroad ticket, good for this day and train only."[1] More than 70 years later, one of his successors and namesakes, Chief Justice John Roberts, has charted his legacy to be one of court consensus and the narrow decisions that such consensus begets. While the chief justice has largely been praised for his efforts, is the cost of consensus worth its virtue?...

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