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Stevens, to his credit, clearly puts great weight on the value of judicial precedent far more than the late Justice Antonin Scalia, who wrote the majority opinion in Heller, did, in overturning years of universal agreement on the extent of Second Amendment protections and also feels that, if Heller stands, the only alternative is repeal.
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"As an incremental and intelligent addition to the dialogue and thinking already under way about the relationship between police and the communities they serve, about the gaps between the professed values of our judicial system and its actual performance, and about the over-incarceration of people in American jails and prisons, we hope that it can contribute to a lasting impact," Strang says.
"The value of openness in judicial proceedings can hardly be overestimated," the court wrote.
On this view, judges should try to realise the value of coherence in judicial decisions by interpreting the law as 'speaking with one voice', i.e. they should identify legal rights and duties on the basis that they were all created by a single author, the community personified.
The Reverend Louis Sheldon, founder of the Anaheim-based Traditional Values Coalition, called the ruling "yet another example of judicial tyranny".
But as Feldman acknowledges in his book, the value of Frankfurter's (and Roberts') commitment to judicial restraint is contingent upon the merits of restraint as a judicial approach.
In judicial processes, the probative value of the evidence provided by both parties is assessed individually and then heuristically aggregated by decision makers (a jury or one or more judges).
Is judicial secrecy defensible in an era of judicial supremacy?
Gave New York 50 years of Judicial service.
Their court is guilty of judicial activism.
"Whatever the virtues of judicial minimalism," he wrote, "it cannot justify judicial incoherence".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com