“There is no class of constitutional cases in which it is - TopicsExpress

“There is no class of constitutional cases in which it is appropriate for judges to abandon the truth seeking function and merely go through the motions of judicial review while reaching an effectively pre-determined result, which is that the government will be permitted to do whatever it wants to do. The problem is that this is the default setting in constitutional law today. . .judicial abdication, rubber-stamped, dog-ate-my-homework judging. Judicial engagement is the exception.” - Clark Neily

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