Unfit for Pedagogy?

A cartoonish leftist tract masquerades as legal scholarship. The leadership of Chief Justice John Roberts has disappointed many conservatives, especially his strained opinions upholding Obamacare, in NFIB v. Sebelius (2012) and King v. Burwell (2015). Presidential candidate Senator Ted Cruz (R., Texas), who supported Roberts’s nomination, now says that his appointment was a mistake. It is ironic, therefore, that Albany Law School professor Stephen Gottlieb has written a book-length critique of the Roberts Court, from the Left. Gottlieb’s book, Unfit for Democracy: The Roberts Court and the Breakdown of American Politics (NYU Press 2016), is a tendentious diatribe that excoriates the Roberts Court (even some unanimous decisions and opinions written by the Court’s liberal members) for particular results that do not comport with Gottlieb’s left-wing policy preferences.

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