The Supreme Court, Confessions, and Judicial Schizophrenia

Schizophrenia literally means “split mind.” Consequently, it should not be too surprising that the United States Supreme Court, which is a theoretically continuing body with nine ever-changing minds, would say things in one year that seem schizophrenic when contrasted with last year’s jurisprudence. Unfortunately, many of the inconsistent statements remain good law, and the result largely depends on which doctrine the Court chooses to trot out.

Professor Loewy examines four such statements as well as the extent that each should be taken seriously.