Justice Jackson’s Dissent in Department of Education v. California Treats The Federal Government Like Just Another “Party”
When I was a 2L, I saw Justice Scalia give a speech to the Baltimore Federalist Society Chapter. Someone asked him whether the Solicitor General should be considered the “Tenth Justice.” Scalia scoffed at the question, and said that there were only nine Justices. Still, as I recall, Scalia acknowledged that the federal government was […]