The US Supreme Court in the Obama Years

Abstract

This chapter makes two interrelated arguments about the Supreme Court during the Obama years. First, while the Roberts Court has often issued conservative decisions, its decisions have not been components of an overarching jurisprudential program of its own creation. Second, despite the absence of a programmatic constitutional agenda, the Court has nonetheless come to be seen by the public as a partisan political body, in part because of political forces beyond its control, and in part because of its own actions.

The authors thank the following students for their outstanding research assistance: Collin Carr (SUNY Oswego ’17) and Eun Sung Chun (SUNY Oswego ’16), and Andrew Lowy (William and Mary Law School, ’18). They also thank Bruce Altschuler for his helpful suggestions. In recognition of the support they have provided, Brandon thanks Adam Brnardic, and Steven extends his thanks to Lynn Addington.