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The Bell Tolls Long Conference

Advisory Opinions

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What Is the Remedy?

David Rothkopf: The basis of standing is that you have to assert a harm and that there's a particularized harm. He says the problem then becomes, wait, I've declared a program unlawful, but the remedy for that unlawful program is to sort of deny the state of Indiana tax revenue. "It's an indication that you can't rely completely on the courts to safeguard the Constitution," he says.

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