Comments on: More on Today’s Decision in Powerex http://www.scotusblog.com/2007/06/more-on-todays-decision-in-powerex/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Kent M. Ostby http://www.scotusblog.com/2007/06/more-on-todays-decision-in-powerex/#comment-11387 Kent M. Ostby Wed, 20 Jun 2007 17:20:52 +0000 http://www.scotusblog.com/wp/uncategorized/more-on-todays-decision-in-powerex/#comment-11387 One definite aspect of the "Roberts Court" has been a narrowness when it comes to clearly defined issues in law, even when that narrowness possibly goes against legislative "intent." As seen here in the Kennedy / Alito noted at the end of this analysis, Kennedy and Alito express regret and note that the ruling may require legistlative respone. Likewise, in Bowles, the LA Times summarizes Justice Thomas this way: "If rigorous rules like the one applied today are thought to be inequitable, Congress may authorize the courts" to adopt more lenient rules, Justice Clarence Thomas wrote for the majority. It seems to be a narrowness born out of deference to the legistlative role in making law. One definite aspect of the “Roberts Court” has been a narrowness when it comes to clearly defined issues in law, even when that narrowness possibly goes against legislative “intent.”

As seen here in the Kennedy / Alito noted at the end of this analysis, Kennedy and Alito express regret and note that the ruling may require legistlative respone.

Likewise, in Bowles, the LA Times summarizes Justice Thomas this way:
“If rigorous rules like the one applied today are thought to be inequitable, Congress may authorize the courts” to adopt more lenient rules, Justice Clarence Thomas wrote for the majority.

It seems to be a narrowness born out of deference to the legistlative role in making law.

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