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The Brutality of Conservative Jurisprudence
This is the output of a mode of analysis that is designed to and will inevitably reach outcomes like this. If you think that judges are just archeologists trying to dig up and reveal the true law, that creates a moral distance between the judge and the outcome. This decision is a choice about what justice should be available to Joshua D'Shaney. The court's interpretation of the 14th Amendment is a choices about what the relationship between the government and its citizens should be.