U.S. Supreme Court
Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope
David A. Martin
Tue, Jul 23, 2019, 12:06 PM
Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.