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Judges:  Activist, Minimalist, or Something Else?

Judges:  Activist, Minimalist, or Something Else?

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 ...

Beyond the Brief

May 2, 202539m 23s

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Show Notes

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.  https://youtu.be/AwAFcSzqZ4A Become a Monthly Donor Are you looking for a rewarding and consistent way to support IJ’s work?  Become a member of our Merry Band of Monthly Donors and stand shoulder to shoulder with our clients every month of the year. Donate now