What the CLS v. Martinez ruling reveals about the Supreme Court’s processes

Vikram David Amar writing at FindLaw: “While I am obviously pleased (and perhaps a tad surprised) that the Supreme Court embraced the position that [Michael Dorf] expertly crafted, I will attempt, as best I can, to be more detached in the observations I offer in this column. … Observation #1: At the High Court, Doctrine Truly Matters … The choice of the ‘reasonable’ and viewpoint-neutral test –that is, the choice of the appropriate doctrinal box or category on the First Amendment caselaw flowchart — was crucial to resolving the case. If a different box had been chosen, a different (and more stringent) test would have applied, and a different result might very well have obtained. … Observation #2: Concessions Made In the Course of Litigation Matter At the High Court … Observation # 3: Deference to Institutional Judgment Matters to the Justices, and Perhaps Especially So in University Cases.”