Judges: Activist, Minimalist, or Something Else?
Update: 2025-05-02
Description
You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government.
On this episode, we talk with IJ attorneys Josh Windham and John Wrench on judicial deference and why courts protect some rights better than others.
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https://youtu.be/AwAFcSzqZ4A
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