May
2025
I am grateful to Rachel Barkow, Curt Bradley, Tara Grove, Vicki Jackson, John Manning, Daphna Renan, Mark Tushnet, and Amanda Tyler for extraordinarily helpful comments on a prior draft, to participants at Harvard Law School’s Public Law Workshop for illuminating questions and suggestions, and to Grayson Clary, Ian Eppler, Emily Massey, and Alex Slessarev for superb research assistance.
I am grateful to Jim Fleming, Andrew Gold, Frank Michelman, and Larry Solum for extremely helpful comments and to Ephraim McDowell for outstanding research assistance.
I. A Practice-Based Description of the Justices’ Role