They undermine meritocracy in much the same way as racial preferences in higher education do, except much more so: The recent Supreme Court case about affirmative action in university admissions (SFFA v. [read post]

 See, e.g., Jack Michael Beermann, Major Questions, Delegation, Chevron and the Anti-Innovation Supreme Court at 8 (March 9, 2023) (“This article also illustrates how the Court is doing a poor job providing clear instructions to lower courts and other government entities on how and in some cases even whether to apply its doctrines. [read post]

” The “objective partisan assumption” is that lawyers can make independent ethical evaluations of client behaviour, while also remaining loyal to clients partisan Cognitive biases toward optimism, confirmation of existing beliefs make it much more difficult for lawyers to neutrally assess the behaviour of their own clients The perjury trilemma: lawyers have duties to (1) be competent, (2) preserve client confidences, and (3) be honest in court. [read post]