A significant number of professors use the summer as an opportunity to send out reprints of their articles. Today I received one that may interest ELS Blog readers: Segal & Westerland, The Supreme Court, Congress, and Judicial Review, 83 North Carolina Law Review 1323 (2005).
The authors test whether the Supreme Court is more constrained by Congressional preferences in constitutional cases than in statutory cases. They find little support for this proposition, and instead find that the Court's likelihood of striking down federal legislation between 1949 to 2001 is most closely associated with the conservatism of the Court.
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