Kennedy is rejecting the ideals of the conservative judicial revolution; far from reducing the role of the Supreme Court in deciding questions of social policy, Kennedy has enlarged it.
The pro-choice movement stayed on the message offensive, tactically shifting in 1989 from women's bodies to the "who decides" question posed by NARAL Pro-Choice America.
That motion must be sustained as we must look only to the certified record in deciding questions presented.
In a normal trial, the judge decides questions of law and the jury decides facts.
The vast majority of Americans trust the Supreme Court to decide questions involving constitutional rights.
Unlike an ordinary jury, the senators would decide questions of law as well as fact.
The federal court would decide questions like these: Is John Doe enrolled in the local Blue Cross health plan?
I would therefore dismiss this appeal based on the inadequacy of the record for deciding the question presented.
Ginsburg in a footnote said the court was not deciding "the question of whether Congress has standing to bring a suit against the president".
The justices apparently concluded that the case was a poor vehicle for deciding the question they had agreed to review.
