Neal Katyal Quotes
There is no doubt that dissents can serve a useful role by explaining when a justice thinks the majority has gone off the deep end. But unanimity also sends its own powerful message - one that might be eclipsed in the headlines by a sensational dissent but could ultimately have a greater impact.
Katyal, Neal K. "The Supreme Court's Powerful Message of Unanimity." The New York Times, 27 June 2014.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
For the phrase the "The Constitution follows the flag," see the Democratic Party platform of 1900.
This was more than a general observation at the time. Elena Kagan had just gone through difficult and extended Senate confirmation hearings to be a Justice of the Supreme Court. She was confirmed but there was a substantial Conservative opposition to her on the grounds that she had not served as a judge, although she had appeared as an attorney in many cases and as Solicitor General of the United States she argued cases before the Supreme Court. To many it was surprising that a sitting justice would so currently take a public position which could be interpreted as criticizing one wing of Congress, especially since that wing had been criticized for just playing petty politics and having no real substantive issues.
Neal Kumar Katyal is an American lawyer and academic. He is a partner at Hogan Lovells and the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center. During the Obama administration, Katyal served as Acting Solicitor General of the United States from May 2010 until June 2011. Previously, Katyal served as an attorney in the Solicitor General's office, and as Principal Deputy Solicitor General in the U.S. Justice Department. He is currently a Partner of Chamath Palihapitiya Social+capital Partnership and a member of the board of Social Capital Ventures Inc.
