Barry Friedman and Dahlia Lithwick use the language of magic to analyze the work of the Roberts Court for Slate.com here. They write, in part:
Under the stewardship of its boyish chief justice, John Roberts, the court has taken the law for a sharp turn to the ideological right, while at the same time masterfully concealing it. Virtually every empirical study confirms this rightward turn. Yet recent public opinion polls indicate Americans continue to see a bench that is, if anything, a wee bit too liberal.
How to explain the justices shoving the law rightward, while everyone thinks it is dead center or too far left? The answer is that Roberts is a brilliant magician. He and his four fellow conservative justices have worked some classic illusionist tricks to distract us from seeing the truth. Roberts is likely the first chief justice to understand that the message matters as much as the outcome. He has played his role with consummate skill, allowing the law to shape-shift before our very eyes, even as he and his fellow conservatives claim that nothing is happening.
But not everyone is persuaded by the Friedman/Lithwick post, Watch As We Make This Law Disappear. In particular, bloggers at the influential site Concurring Opinions have their doubts. Says Josh Blackman, "I think the illusionist metaphor really doesn’t work, and the 5 “tricks” fall flat." He links to his own post at Josh Blackman's Blog. More here from the Washington Post.
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