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Best of: Why America's obsession with rights is wrong
The Gray Area with Sean Illing
Why Judges Shouldn't Be Involved in the Political Process
A lot of constitutional reasoning or what passes for constitutional reasoning and scholarship now is let me figure out some way that I can justify my policy preferences under a neutral sounding constitutional schema. It's like judges are people and they smuggle in their biases like everybody else. The conversations that courts have about rights should be continuous with the conversations that the rest of us have about rights.
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