Judges | SMU Law Review Forum

Overwriting and Under-Deciding: Addressing the Roberts Court’s Shrinking Docket

Sep 1, 2019 | Essay, Feature, Judges, Meg Penrose, Supreme Court of the United States

By Meg Penrose Abstract “The duty to decide is the primary judicial duty.” If one agrees with Judge Posner, then the Roberts Court is shirking its primary duty. Empirically, the Roberts Court is the least productive of any Supreme Court. It averages less than 70...

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Overwriting and Under-Deciding: Addressing the Roberts Court’s Shrinking Docket

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