Liberal Supreme Court Justice David Souter is retiring. On social issues, this makes little difference: whoever replaces him will satisfy liberal litmus tests, like supporting racial preferences and partial-birth abortion the way Souter did.
But on economics, where Souter was more moderate, it will matter a lot: Souter was willing to occasionally overturn excessive punitive damage awards, and overturn state regulations that were preempted by federal law (like in Watters v. Wachovia (2007), where I filed a brief on behalf of economists and law professors). Some…
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