4min chapter

5-4 cover image

Boy Scouts of America v. Dale

5-4

CHAPTER

The Boy Scouts Now Accept Girls

The case is one of many where the analysis done by th court is what's called a balancing test. So they're saying, ok, the state of new jersey has an interest in wanting to limit discrimination and the boy scouts have an interest in want to associate with whoever they like. And so which one's more important? Maybe the single central theme of our podcast is that interpretation of the law is geneally driven by the preferences of judges rather than some sort of coherence or objective legal framework.

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