Laurence Tribe Gets It Right
posted by T-Unit |
7:02 PM |
Prof. Tribe recently announced he will not be finishing up the update of his ConLaw treatise. His argument is, basically, that his treatise is or was the type of treatise that attempted to synthesize the trends in conlaw to make sense of all the disparate trends in order to create a grand theory of what the court is doing. Now, though, he feels the Court is going in all sorts of different directions and is at a fork in the road where anything could happen because of tremendous conflict over many basic premises.
Thinking about the recent cases before the Court, I think he's got it. Every time a new case comes up, everybody is surprised as heck over the outcome. The recent wine case IJ won, for instance...Scalia writes a majority in which Thomas criticizes him for ignoring the text of the Constitution? Raich, however that goes, is certainly going to surprise everyone (except maybe Joel, who has came up with an awfully convincing prediction). And there's many more.
Like it or not, I think Tribe is right. Conlaw is at a crossroads. The next 20 years is, I think, going to be the most significant period in history in terms of the evolution of the law.