Franklin Delano Roosevelt

The Supreme Court's supremely flawed record

The Supreme Court's supremely flawed record

As a constitutional law professor, I have mixed feelings about the first Monday in October. On the one hand, I look forward to the start of the new Supreme Court term in the same way a baseball fan looks forward to opening day. But I also dread what the court might do.

Historically, for all the celebrated cases in which the Supreme Court has affirmed the liberties and rights promised by the Constitution, it has at least as often ruled in favor of government power against injured individuals; in favor of business against employees and consumers.

In its last term, for example, the court significantly expanded police power by holding that the police can stop a car based solely on...