Kent Greenfield

Kent Greenfield is professor of law and a Law Fund Research Scholar at Boston College Law School. His latest book is The Myth of Choice: Personal Responsibility in a World of LimitsHe can be contacted on his website at

Recent Articles

Robert Bork: All Brain, No Heart

Despite his intellect, the former Supreme Court nominee lacked one quality any good judge must have: empathy.

AP Photo
The country dodged a bullet in 1987 when Robert Bork, nominated by President Ronald Reagan for a seat on the Supreme Court, lost his Senate confirmation by a vote of 58-42. If he had been confirmed, he would have likely served on the Court for the past 25 years, until his death yesterday at the age of 85. The right’s eulogies have begun—the National Review has called him “one of the best legal minds that America has ever produced, probably the best in the postwar world.” That’s hyperbole, but he was indeed no slouch in the smarts department. He did important scholarly work in anti-trust law, and many point to him as the most persuasive advocate of interpreting the Constitution according to its “original intent.” (Antonin Scalia will surely be annoyed when he reads that.) I have no desire to speak ill of him as a man. I will assume that he loved his family, gave candy to children on Halloween, and rescued cats stranded in trees. But we are fortunate indeed that he did not make it to...

Down with DOMA, Up with Prop. 8

Flickr/Brian Kusler
Flickr/Renee Rivers Demonstrators against Propsition 8 at the California Supreme Court building A shrinking violet the Roberts Court is not. Since the chief justice was confirmed in 2005 promising to call “balls and strikes,” the Court unleashed super PACs in its 2010 Citizens United decision, injected itself into the middle of a presidential campaign by taking on the Affordable Care Act earlier this year, and recently heard a case giving it the chance to cut back or end affirmative action. Under Roberts, the Court has a bit of a swagger. Bill Clinton might say they have some brass. True to form, last Friday the Court agreed to hear two cases that could decide the central civil-rights issue of our day: gay marriage. One of the cases concerns the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for purposes of federal law as between one man and one woman. The second focuses on the constitutionality of Proposition 8, the 2008 California...