By Mark Sherman
Associated Press
WASHINGTON (AP) — Retired Justice John Paul Stevens used to say that one reason he stayed on the court for 35 years was because the workload had declined markedly.
A court that decided more than 150 cases 30 years ago resolved fewer than 80 a year in recent terms.
Over that same period, Chief Justice John Roberts joined the court with a pledge to seek more unanimity in opinions, sometimes by ruling narrowly to get everyone on board.
That combination of a light caseload and narrow opinions is not good for the court or the country, say the authors of a study to be published in a University of Minnesota law journal.
“What the court shouldn’t do is decide only a few cases yet still be narrow and guarded in many of its opinions,” said Randy Kozel, a University of Notre Dame law professor and former law clerk to Justice Anthony Kennedy. “At that point, serious questions arise about whether the court is doing enough to fill its crucial role in the legal system and in American government more broadly.”
Kozel acknowledged in an interview that the court does not seem set on limiting itself to taking baby steps, despite Roberts’ call for greater unanimity. Recent terms have included plenty of contentious 5-4 outcomes in favor of gay marriage, dramatic loosening of campaign finance rules and striking down a key part of the landmark voting rights law.
The authors’ main point in their article for the journal “Constitutional Commentary” is that hearing fewer cases is not a problem if the court rules broadly enough to give society the guidance it needs. The justices generally agree that setting clear national standards is their job.
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