Live from the Aspen Ideas Festival: 2022-23 Supreme Court Review
We the People
The Importance of Hypertextualism in the Rucho Case
There's a big divide to put it mildly between the traditional originalists, including Justice Kavanaugh and now Justice Barrett in Neil's case. Chief Justice Roberts at his most clever institutionalist in some ways is he has not taken the US Supreme Court out of the business of policing what state Supreme Courts do. The independent state legislature doctrine started out as something that was far cleverer than it was wise, far more textual than it was contextual. It will be really interesting to see how that plays out.
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