t’s the age-old question: Does the Supreme Court decide its cases based on rank partisanship rather than legal principles?
Many scholars and commentators unhesitatingly answer in the affirmative. Such individuals may acknowledge that the plurality of Supreme Court decisions are unanimous (42% last term) and that the vast majority of the court’s cases do not break down by the 6-3 conservative/liberal split (over 90% last term). But, in their view, the important cases are decided along partisan lines.
Of course, this raises the obvious follow-up: Which cases are the important ones?
