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Constitutional Law

Jun. 26, 2015

Subjective perceptions rule the day

We've been taught that Supreme Court decisions turn on arcane points of law applied with reasoned objectivity to settled facts. But it seems sometimes they don't. By Ken White


By Ken White


We've been taught that U.S. Supreme Court decisions turn on arcane points of law applied
with reasoned objectivity to settled facts. But what if the justices' subjective perceptions of their surroundings actually determine the outcome of a case? On June 18, driven
by a 5-4 split, the court delivered a perception-based result in Walker v. Texas Division, Sons of Confederate Veterans Inc. In...

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