By Mark Tushnet Suppose that a Democratic president makes a “relevant” appointment to the Supreme Court – that is, a replacement for one of the Court’s conservative justices (among whom I include Justice Kennedy). What can progressive scholars and activists say about the new Court’s agenda? Some immediate qualifications: You shouldn’t think that the President will name and the Senate confirm someone who has exactly the agenda you’d like. The pool of potential nominees is already mostly set, …
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