CNN's Joan Biskupic offers a preview of some of what's contained in retired Judge David Tatel's forthcoming book, Vision: A Memoir of Blindness and Justice. Judge Tatel was appointed to the U.S. Court of Appeals for the D.C. Circuit by President Bill Clinton, and was a highly regarded member of that court for nearly three decades. Had Al Gore been elected President in 2000, some believe he would have nominated Judge Tatel to the Supreme Court if given the opportunity.
According to Biskupic, Tatel echoes the common (and incorrect) complaint that the Roberts Court has been less respectful of precedent than prior courts. She reports that Tatel charges that the Roberts Court "has 'kicked precedent to the curb' and become 'a tragedy' for civil rights and the rule of law." Assuming that Biskupic's report is accurate (as the book has not yet been released) it is a shame to see Judge Tatel repeat this claim about the Roberts Court and precedent because, as I have shown, the Roberts Court has actually been less prone to overturn precedent than prior courts. It is one thing to criticize the substance of the Roberts Court's decisions. It is quite different to make demonstrably false claims about the nature of the Court's decisions.
Biskupic's story also confirms what many have long suspected about the Supreme Court's decision in NAMUDNO v. Holder, concerning the Voting Rights Act.
