SCOTUS consensus? Not so much…

June 24, 2008

Think the declining number of 5-4 splits on the Supreme Court this term was a tribute to the Chief Justice’s consensus-building skills? Not so, says veteran SCOTUS litigator Walter Dellinger. Instead, he thinks the margins have been wider simply because the court has had fewer hot-button issues to resolve. “I’m doubtful as to whether it’s a trend,” he said.

And if anyone should know about hot-button issues, it’s Dellinger: the O’Melveny & Myers partner argued both the Exxon v. Baker and D.C. v. Heller cases this term. While waiting (and waiting, and still waiting) for the high court’s opinions in those cases, Dellinger spoke at a media briefing Tuesday hosted by the National Chamber Litigation Center, the public policy law arm of the U.S. Chamber of Commerce. You can read more about Dellinger’s comments on our sister blog, DC Dicta.

BARBARA GRZINCIC, Managing Editor/Law

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