October 11, 2019 | Professor Barry P. McDonald is quoted in the Law360 article, “Feeling The Pain From A Divided Supreme Court Ruling.” The article considers Rapanos v. U.S. and other plurality decisions in which the Supreme Court justices issue a ruling without a majority opinion.
Excerpt from “Feeling The Pain From A Divided Supreme Court Ruling”
Even when the conservative justices align against the four liberal justices in a politically charged case, they seem more inclined to write separately and share how their philosophies diverge, said Barry McDonald, a professor at Pepperdine University School of Law.
“There’s sort of no sense left that you ought to subordinate your individual preferences in order to speak as a cohesive voice on the Supreme Court,” he said. “That culture is being lost.”
The complete article may be found here