Maximinimalism

Authors

Jamal Greene, Columbia Law School

Abstract

The article explores Chief Justice John Roberts' judicial approach, characterizing it as "maximinimalism"—a blend of narrow decision-making with deep, impactful reasoning. While Roberts is often seen as a minimalist for his emphasis on deciding cases narrowly, his rulings in significant cases like Citizens United v. FEC, Shelby County v. Holder, and NFIB v. Sebelius reveal a deeper, more substantive approach that challenges the law, thus embodying maximalist tendencies. This duality allows the Court to influence the law profoundly while maintaining judicial restraint.

Disciplines

Judges | Jurisprudence | Law

Recommended Citation

Jamal Greene, Maximinimalism, 38 Cardozo L. Rev. 623 (2016).
Available at: https://larc.cardozo.yu.edu/clr/vol38/iss2/9