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As of October 1, 2011 the Jennings Project blog has moved and joined forces with Constitution Daily, the Center’s daily digest of smart conversation on the Constitution. All new posts will be published there, so be sure to subscribe and follow Constitution Daily on Twitter. If you are interested in submitting a post to Constitution Daily, please email Stefan Frank at

Wednesday, May 18, 2011

"The Court receives higher confidence ratings in public opinion polls than the president or Congress, and it faces no challenges to its independence. A public that knew more than it does about the Supreme Court might wonder why this group of people is empowered to make decisions that (when they are based, however tenuously, on the Constitution) other branches of government cannot veto. That was the constitutional plan, but it was controversial from the first—and not surprisingly: Congress and the president can plausibly pretend that their actions are in the interest of the nation as a whole, but a judicial decision always has a loser. For this reason, the Supreme Court decisions in cases that engage the public’s attention will often stir a polemical response."

Seventh Circuit Federal Appeals Judge Richard Posner, writing in The New Republic this week in a review of Justices and Journalists: The U.S. Supreme Court and the Media By Richard Davis. You can read the review here.

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