Dan Farber: The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.
Daniel Farber is the Sho Sato Professor of Law and chair of the Energy and Resources Group at UC Berkeley. He is also the faculty director of the Center for Law, Energy, and the Environment. He serves on the editorial board of Foundation Press, and is a member of the American Academy of Arts and Sciences and of the American Law Institute. He has written several books, including “Judgment Calls: Politics and Principle in Constitutional Law” (Oxford University Press 2008); “Retained by the People: The Silent Ninth Amendment and the Rights Americans Don’t Know They Have” (Basic Books 2007); and “Lincoln’s Constitution” (University of Chicago Press 2003). He earned his B.A., M.A., and J.D. degrees at the University of Illinois.
Treva Brandon Scharf: Confident people don’t bash themselves; they don’t let negative thinking and self-loathing screw up a good workout or undermine their progress.
Edward Wasserman: The larger question, to me, was less why she did what she did, but why everybody seemed to care so much, and why her case provoked so much anger.
Joe Mathews: But with immigration flatlining and the climate drying up, it may soon be.