INTERESTING PIECE FROM STEVEN CALABRESI AND GARY LAWSON: The Depravity of the 1930s and the Modern Administrative State. “To be clear, we think that constitutional interpretation should be about the Constitution, not about time periods, values, or constitutional ‘orders,’ but if for some reason one wants to focus on time periods, the 1930s should be the last time period to which one looks for guidance.”

I believe a decent argument can be made that the post-Court packing judicial victories for the New Deal were procured by duress, and that later Supreme Courts are thus free to revisit them without the usual concerns for stare decisis.