Document Type

Article

Publication Date

6-3-2018

Abstract

Recent events have seemed to inject politics into American judicial institutions As a result many observers worry that the Supreme Court in particular has become politicized According to this view the Justices should decide cases in accordance with the rule of law and be unmoved by political concerns These worries arise from a mistaken assumption that law and politics can be separated and independent in the process of judicial decision making But at the Supreme Court as well as in the lower courts for that matter decision making arises from a lawpolitics dynamic Adjudication in accord with a pure rule of law is a myth Both law and politics shape legal interpretation and adjudication Yet it is worth emphasizing the ongoing debate over whether Supreme Court decision making is either law or politics is thoroughly political This Essay elaborates on these assertions and explores their ramifications

First Page

43

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