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rights on the right 13
table 3.3 Judicial polarization across categories of legal disputes 1
2
Difference between Dem and Rep
Type of legal challenge support for liberal position 3
4
Category 1 cases: Using courts to enjoin newly enacted 39.1%
policies (153 federal appellate decisions; 699 judicial votes) 5
Category 2 cases: Using courts to dismantle existing 32.3% 6
policies (145; 625)
Category 3 cases: Using courts to support democratic 6.1% 7
politics (38; 150) 8
Note: Four decisions are included in more than one category. 9
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did, he thought it ‘better to proceed in a way that . . . wasn’t going to alien-
ate people on the Court and turn the Court into another battleground.” 12
Roberts continued: “Marshall could easily have got on the Court and said, 13
‘I’m the last hope of the Federalists— we’re out of Congress, we’re out of 14
the White House— and I’m going to pursue that agenda here.’ And he 15
would have not only damaged the Court but could have smothered it in 16
the cradle. But instead he said, ‘No, this is my home now, this is the Court, 17
and we’re going to operate as a Court, and that’s important to me,’ and 18
as a result he made the Court the institution that it has become” (Rosen 19
2007). 20
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