Super Lawyers
William C. Altreuter

Sunday, April 04, 2004

A couple of months ago I mentioned that I thought that Justice Scalia was marginalizing himself; now it looks like others are noticing this as well. Of course, measuring the influence of Supreme Court Justices is something that almost needs to be done on a geological scale, but if this is true, it means that the Supreme Court may be one of the few institutions in American public life that is trending away from the paralyzing polarization that afflicts our civic discourse everywhere else. I tend to think that the Court is somewhat less hamstrung by virtue of the fact that courts must dispose of cases, and are, therefore, inclined to compromise. I also think that it wouldn't take much to tip this Court into a place that would leave Justice Scalia quite satisfied-- even if his "future prospects are to be an associate justice as long as he wants to be an associate justice."

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