Maximinimalism

Greene, Jamal

Journal: Cardozo Law Review

Volume: 38

First Page: 623

Year: 2016

Bluebook Citation: 38 CARDOZO L. REV. 623 (2016)

Author: Jamal Greene: all 13 publications


Abstract

The article explores Chief Justice John Roberts' judicial approach, characterizing it as "maximinimalism"—a blend of narrow decision-making with deep, impactful reasoning. While Roberts is often seen as a minimalist for his emphasis on deciding cases narrowly, his rulings in significant cases like Citizens United v. FEC, Shelby County v. Holder, and NFIB v. Sebelius reveal a deeper, more substantive approach that challenges the law, thus embodying maximalist tendencies. This duality allows the Court to influence the law profoundly while maintaining judicial restraint.

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