• Randy Barnett and Josh Blackman: yes, the confirmation process had gone wrong, but not necessarily in the way we’re told [National Affairs] A case against judicial restraint [Ilya Shapiro, same, related Cato]
• “Business and the Roberts Court without Scalia” [Jonathan Adler, related on supposed “pro-business” Court]
• SCOTUS should (again) step in to reject Obama end-run around advice/consent on appointment power [Ilya Shapiro and Thomas Berry, Cato]
• The disappointeds docket: ten cert petitions last term the Court should have granted [Mark Chenoweth, WLF] WLF’s term preview with Jay Stephens, Neal Katyal, and Daryl Joseffer;
• “Tiers” of constitutional scrutiny, without tears [Mike Rappaport, Liberty and Law]
• Prominent lawprof Mark Tushnet says with majority looming, liberals should drop their “defensive crouch constitutionalism” [Balkinization, responses at PrawfsBlawg by Paul Horwitz and Rick Garnett]

Filed under: constitutional law, Supreme Court