Document Type
Article
Media Type
text
Publication Title
Northern Illinois University Law Review
Abstract
In four major recent decisions, the Supreme Court deployed the same technique: it created a presumption in favor of the result it preferred and then concluded that the losing party could not rebut that presumption. This invocation of presumptions enabled the majority to reach the result it preferred, while maintaining the appearance of balance and leaving open the possibility of different rulings in future cases. The asserted grounds for erecting the Court’s presumptions-notably history and governmental structure-likewise combined the appearance of objectivity with the reality of choice. Judicial presumptions are not new, but the current Court deploys them on a strikingly sweeping scale.
First Page
180
Last Page
198
Publication Date
Spring 5-1-2026
Department
College of Law
Recommended Citation
Leubsdorf, John
(2026)
"A Thumb on the Scales: How the Court Creates Presumptions to Change the Law,"
Northern Illinois University Law Review: Vol. 46:
Iss.
2, Article 2.
Suggested Citation
John Leubsdorf, A Thumb on the Scales: How the Court Creates Presumptions to Change the Law, 46 N. Ill. Univ. L. Rev. 180 (2026).
