2min chapter

Strict Scrutiny cover image

Law & Religion on the Barrett Court

Strict Scrutiny

CHAPTER

Is Appeasement a Strategic Manoeuvre?

Apesement is a strategic manoeuvre, right? And it's a particular kind of strategy. We wanted to look for evidence of whether they were behaving strategically,. But appeasement also has a critical edge, right? It is a normative edge, m and our worry was that the liberal justice's strategy might have been serving to embolden ... the majority's assertive campaign of strengthening religious interests. By contrast, like refusing to concur dissenting in case after case, can provide a powerful counterweight to efforts by the majority to shift constitutional meanings in a revolutionary or reactionary manner.

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