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Will Baude Responds to Common Good Constitutionalism

Advisory Opinions

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Federal Courts Are Not Just Free Range Guardians of the Law or of the Constitution

Federal courts only get to write in when somebody invokes their powers. And one of the crucial prerequisites to being able to invoke their jurisdiction is that you've got to have something at stake. The person who's most directly affected by it is probably happy to get their loans forgiven. So they're not going to sue about it.

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