07/14/2014 10:09 pm ET | Updated Jul 14, 2014

Roberts's Incremental Approach Frustrates Supreme Court Allies


All of this called to mind a 2010 article in The Georgetown Law Journal in which Barry Friedman, a law professor at New York University, examined the Roberts court’s propensity for “stealth overruling.”

Mr. Smith said there was a method to Chief Justice Roberts’s quiet and incremental approach.

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