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Cromwell Professor of Law Mark V. Tushnet ’67, who is also regarded as a leading figure in the CLS movement, said in an interview that Unger was a “central” figure in developing the movement’s theory, and that “very early on he...described a number of important aspects of Critical Legal Studies and captured in very important ways what the enterprise was about...
...court reversed Roe v. Wade or began striking down environmental laws like the Clean Air Act, national majorities might well become energized and alarmed. Although Justice Clarence Thomas has signaled his willingness to overturn Roe and gut the heart of the regulatory state, Kennedy is unlikely to provide a fifth vote for either. In the partial-birth case, he repeated his longstanding view that although late-term abortions could be restricted, the early-term abortions at the core of Roe had to be protected. And he made clear his support for environmental regulations when he joined the court's four...
...Justice Stephen Breyer led Justices John Paul Stevens, David Souter and Ruth Bader Ginsburg in dissent, arguing that the districts' use of race served their powerful interest in making sure that students reaped the benefits of learning in racially diverse classrooms. And what about Brown v. Board of Education, Breyer asked incredulously? The 1954 school-desegregation landmark promised "true racial equality," he wrote, and today's plurality decision "would break that promise...
...pessimistic. Kennedy's concurrence suggests that schools might figure out an acceptable way to use race in assigning students, and there are apparently five firm votes on this court for allowing race as a factor in creating good public schools. What's more, the decision did not overrule Grutter v. Bollinger, the court's 2003 decision upholding the University of Michigan law school's admissions policy of considering race because students learn better in diverse classrooms...
...This hasn't meant much in practice this term, but it may have a big effect in the future. It could mean the cornerstones of constitutional law - the limits on presidential power and the precedents like Roe v. Wade - may survive the Roberts court, as Scalia and Thomas continue to thunder on the right while Roberts and Alito exercise the same relative restraint they have shown...