Untethered: How the Roberts Court is Rethinking the Law-Policy Relationship by Bennett Johnson and Daniel G. Aaron
The traditional conception of the judicial role in the U.S. government is to decide “cases” and “controversies” by “say[ing] what the law is.” Yet, an enduring question is to what extent consideration of policy may inform that task. Some might quickly dispose of this issue, as legal scholars have framed policy as a hands-off “anti-modality” […]