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'Empathy' is the latest code word for liberal activism, for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn't pass the legislative branch or, if it did, would generate voter backlash.Karl Rove
A chief justice's authority is really quite limited, and the dynamic among all the justices is going to affect whether he can accomplish much or not. There is this convention of referring to the Taney Court, the Marshall Court, the Fuller Court, but a chief justice has the same vote that everyone else has.John Roberts
The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.John Yoo
To hear both critics and defenders talk about the fitness of Judge Sonia Sotomayor for the Supreme Court, you'd think the most successful Supreme Court justices had been warm, collegial consensus-builders. But history tells a different story.Noah Feldman
We often imagine that the court serves as a sort of neutral umpire controlling the warring political branches. But this is mostly myth. The justices of the Supreme Court are themselves actors in the struggle for power, and when they intervene, they think carefully about how their decisions will affect the court's own legitimacy and authority.Noah Feldman