This essay was drafted jointly by conservative columnist Bruce Fein and progressive law professor Burt Neuborne. The successful collaboration on this article proves that judicial independence is not an issue of the right or the left, but is rather a core constitutional value that individuals of all political stripes should be eager to embrace and to defend.
Through the Center’s It’s Not About Federalism initiative, we explore the underlying issues, such as union-busting, health care rights, and environmental concerns, that animate recent cases generally classified under the federalism rubric.