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PRESS Pass: Professor Mark Tushnet

Constitutional law expert and Harvard law Professor Mark Tushnet thinks that, of all the justices on the Roberts Supreme Court, Elena Kagan might be the one to keep a close eye on.

“She is, I think, emerging as the sort of intellectual challenger to Chief Justice Roberts for leadership on the court,” Said Tushnet, “It’s generally a division over the vision of whether you have an active government or a more constrained one.”

Tushnet’s new book, In The Balance: Law and Politics on the Roberts Court, looks at the various dynamics in play on the current Supreme Court bench, and how those relationships have affected recent decisions the Court has made - including the ruling on Obamacare. 

“…clearly the people who voted to uphold the Affordable Care Act have a vision of a more active government then the people who voted to strike it down” Tushnet said.

Watch the entire PRESS Pass interview above to hear more about Tushnet’s new book and how he thinks the relationships on the Supreme Court bench will shape the upcoming term.