Saturday, June 26, 2010


Imagining a Liberal Court is a rather high-brow analysis of conservative versus progressive thinking and how it has evolved over the years. The title, I think, is misleading because it's not really imagining what a liberal court would be like; it's more a look at various landmark Supreme Court cases over the years and the contradictions between conservative and progressive thinking upon the actual case outcomes.

Today, we are moving toward a contemporary version of this debate between liberals and conservatives about what we need to fear most — an overreaching state or unconstrained market forces. The positions in this debate today are not identical to what they were three-quarters of a century ago, but there are important similarities. Progressives today view regulation as the necessary response to the market failures that led to the present economic crisis. Many conservatives fear that taking regulation too far will cripple the possibilities of economic recovery and long-term growth.

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