How SCOTUS Became Your Weird Fringe Theorist Uncle (with Leah Litman)
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Fringe Theories in Supreme Court Jurisprudence
This chapter examines fringe theories like the independent state legislature theory and its implications for U.S. Supreme Court rulings, especially in the context of the 2020 election. It also explores the major questions doctrine, questioning its partisan biases and its selective application among justices. The discussion further delves into originalism and the evolving perception of constitutional concepts, raising critical issues concerning judicial interpretation and democratic values.
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