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Taking Back the Constitution: Activist Judges and the Next Age of American Law

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How the Supreme Court's move to the right has distorted both logic and the Constitution


What Supreme Court justices do is far more than just "calling balls and strikes." The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices' impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the...