Published Article in TROLP: “Judicial Courage”
The Texas Review of Law & Politics published my new article, Judicial Courage. Here is the abstract.
What is judicial courage? Supreme Court Justices often accuse their colleagues of lacking fortitude, but they seldom explain what this concept means. This Essay provides a brief discourse about judicial courage. Part I considers how Justices on the Supreme Court have used this virtue—both to praise and to criticize. Part II attempts to define judicial courage. Part III applies these principles to decisions of the lower courts.
I wrote this article long before the Dobbs leak, and added a postscript on the issue:
I began writing this Article in December 2021, shortly after Dobbs v. Jackson Women’s Health Organization was argued. In subpart III.A, I discussed how judicial courage in the lower courts may have trickled up, and given the Supreme Court the fortitude to grant review in Dobbs. That was all I planned to writ
Article from Reason.com