End the duopoly

A Day of Sorrow for American Democracy

Jim Young / Reuters The usual form for a justice who disagrees, no matter how fundamentally, with a decision of the Supreme Court, is to end the opinion with the formula, “I respectfully dissent.” Justice Antonin Scalia, in particularly high dudgeon, would sometimes drop the adverb. Last week, though, Justice Elena Kagan, writing for the four justices who disagreed with Chief Justice John Roberts’s […]

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