The Emily Litella Court

The Supreme Court’s Raich ruling last year was a disaster not just for federalism (and freedom), and the founders’ original notion of limited government, but for coherent judicial philosophy in general. Professor Reynolds (and Brandon Denning) explain explain why:

As a practical matter, of course, Supreme Court control over the lower courts has been notional for some time. Lower court caseloads have been exploding, while the Supreme Court is actually hearing fewer cases than it did decades ago. But the Supreme Court