March 6, 2011


Could Empathy Explain Justice Alito's Lone Dissents in Free Speech Cases?

By Mike Dorf

“Because Roberts and Alito were named to the Court almost simultaneously and are rightly regarded as very close to one another ideologically, it is worth asking why Alito, and only Alito, dissented in these two free speech cases.  I'm not interested in saying who's right and who's wrong, but in getting at the nature of the disagreement.”

Dorf arrives at an interesting conclusion, but I’m not certain I agree. Read the rest, HERE