The Supreme Court Phalanx, an article by Prof Ronald Dworkin.

Reprinted by special permission to the BBA from the New York Review of Books, this extraordinary and scathing article by Prof Ronald Dworkin argues that there is a discernible idealogical shift to the right in the US Supreme Court.

Prof Dworkin’s lucid and trenchant analysis of recent narrow-majority decisions show that, although they profess fidelity to stare decisis, justices of the US Supreme court have been over-ruling well-established liberal precdents, and are doing so by stealth. These decisions, in crucial areas — affirmative action in university admissions, faith-based initiatives and religious instruction, free speech — are an assault on constitutional freedoms.

Read the entire article, along with a lively exchange between James Allan, Garrick Professor of Law, University of Queensland, Brisbane, Australia; Charles Fried, Beneficial Professor of Law, Harvard Law School and Professor Dworkin online.