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Monday, June 13, 2016

The (Second) Warren Court?

I wanted to draw attention to two interesting pieces out there that have been discussed separately but are best understood together: Mark Tushnet's blog post on defensive crouch liberal constitutionalism, and Richard Primus's essay on the musical Hamilton and originalism.  I suspect we will see lots of discussion before November (and after if Clinton wins) about what the guiding theory of a liberal majority Supreme Court would be, and these are two helpful starting points.

Posted by David Fontana on June 13, 2016 at 11:49 AM | Permalink


I admire Mark and his work a lot, but I was disappointed by certain aspects of that "defensive crouch" post: http://mirrorofjustice.blogs.com/mirrorofjustice/2016/05/on-tushnet-candor-the-culture-wars-and-taking-a-hard-line.html

Posted by: Rick Garnett | Jun 13, 2016 3:44:52 PM

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