Are Supreme Court decisions ‘countermajoritarian?’ – Not really, prof argues

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Prof. Corinna Barrett Lain of the University of Richmond plans to take an “upside-down” view of five major U.S. Supreme Court decisions on Monday, March 8, at the Law Center as part of the Criminal Justice Institute’s continuing lecture series.  Prof. Lain will discuss her paper, “Our Not So Countermajoritarian Difficulty (And an Upside-Down Theory of Judicial Review).” The cases,including Brown v. Board of Education and the Miranda decision, are typically viewed as protecting disfavored groups in the face of public opinion. But Prof. Lain argues that closer analysis of the political context of the time suggests the Supreme Court's decisions only looked "countermajoritarian" and in fact the court was actually embracing the view of the majority of the population. Her presentation, part of the CJI “Criminal Law at the Cutting Edge Leading Voices Lectures Series,” is open to all and begins at 2:30 p.m. in the Hendricks Heritage Room.

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