Question 1, initial response post with a minimum of 3 paragraphs, Question 2, thread with a minimum of 2 paragraphs.
- Is a Supreme Court justice who shifts back and forth between competing constitutional positions a “fair and open-minded” jurist, or a whimsical, unprincipled court position?
- If so-called “swing justices” bring an element of unpredictability to the Court’s decision-making outcomes, is that a positive or negative development? Do we want the Court to be predictable? Why or why not?