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Judges and Judiciary

Jul. 12, 2006

Roberts Court Upholds Rights, Withholds Remedy

Forum Column - For a judiciary seeking to limit the scope of private party constitutional litigation, the most straightforward approach is to narrowly construe the people's constitutional rights - thereby knocking out whole categories of claims ab initio.

Forum Column


For a judiciary seeking to limit the scope of private party constitutional litigation, the most straightforward approach is to narrowly construe the people's constitutional rights - thereby knocking out whole categories of claims ab initio.
      When the right in question is too firmly established to challenge directly, the judiciary's more questionable fallback position is to acknowledge the right but cut o...

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