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Pepperdine Law Review

The Roberts Court & Executive Power

Jeffrey Rosen

 

Abstract

I am delighted to be here at Pepperdine where I know that all of my questions about the mystery of the Roberts Court will be answered. Dean Kmiec, in his kind introduction, said this is a Court of nine ruled by one. And in cases involving executive power, this pattern holds. The views of Justice Kennedy on executive power in the domestic and foreign spheres are indeed defining the direction of the Roberts Court.