On Originalism and the First Amendment

On Originalism and the First Amendment

“Most significantly, the willingness of some judges to ignore precedent in order to re-install a Constitution in Exile raises the stakes for impact litigation – cases brought precisely to bring about changes in constitutional doctrine — and by raising the stakes in such cases the erosion of stare decisis contributes to the increasing politicization of the Supreme Court.”

[Source]

Skills

Posted on

November 1, 2019