The Yale Law Journal

J. Harvie Wilkinson III

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If It Ain't Broke . . .

J. Harvie Wilkinson III

“The most important thing we do,” Justice Brandeis once remarked, Alexander Bickel showed long ago how the Supreme Court’s discretionary certiorari jurisdiction was the lynchpin of those “passive virtues” that are essential to principled government. Indeed, the cautious exercise of the cer…