The Gray Area with Sean Illing cover image

Best of: Why America's obsession with rights is wrong

The Gray Area with Sean Illing

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Judicial Discretion and Constitutional Rights

This chapter delves into the complexities of how courts interpret constitutional rights, emphasizing the tension between judicial discretion and legislative authority. It discusses landmark civil rights cases and the role of the Supreme Court in both enforcing and dismantling segregation, while also exploring contemporary issues such as abortion and discrimination. The speakers critique binary framings of rights, advocating for a nuanced approach that considers the unique contexts of individual cases, especially for marginalized groups.

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