Procedure is not the first field of law to face controversy along these lines. Law’s independence from politics, in both its descriptive and normative aspects, is a century long legal challenge.9 This Article aims to clarify what we mean when we characterize procedure as political, as well as to understand some of the harms generated by failing to confront and acknowledge the political. This is a preliminary step in approaching future formulations of procedural rules if they cannot be depoliticized.
Dana S. Reda,
What Does It Mean to Say That Procedure Is Political?,
85 Fordham L. Rev. 2203
Available at: http://ir.lawnet.fordham.edu/flr/vol85/iss5/36