Monday, March 8, 2010

Greater Polarization Linked to Increased Use of Soapbox

The New York Times has an article today from Adam Liptak discussing a recent study that suggests that oral dissents from the bench have become more common since the inception of the Roberts court. As compared to the preceding Rehnquist and Burger courts, the study finds that the practice of reading a dissent from the bench has increased from an average of 3 per term to 3.75 per term. The study links the rise in oral dissents to increasing polarization on the court, claiming that such dissents could signal that bargaining and accommodation among members has broken down. Given the ideological pedigree of the members, as well as the types of cases heard by this court, is it any surprise that things aren't all peaches and cream?

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