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Live from the Aspen Ideas Festival: 2022-23 Supreme Court Review

We the People

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The Importance of Hypertextualism in the Rucho Case

Clark Neely is a leading Second Amendment defender/nThere is a divide between traditional originalists and hypertextualists/nThe Supreme Court took itself out of policing political fairness in gerrymandering cases/nThe Supreme Court has left open the question of when state courts impose their own notions of fairness/nThere are justices who prioritize the long-term power and centrality of the court, while others focus on immediate gains/nThe independent state legislature doctrine appeared to favor one side in the political debates/nThe justices' position may have been driven by their perceived political advantage

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