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The Wreckage of Obergefell

Every generation, it seems, has its paradigm-defining Supreme Court case: a decision (or series of decisions) that determines the jurisprudential ethos and frames the judicial, political, and academic debate for the next quarter century or so. A landmark case of this sort also marks an ending, . . . . Continue Reading »

Revisionism Revisited

Government by Judiciary: The Transformation of the Fourteenth AmendmentBy Raoul Berger.Liberty Fund. 555 pp. $19.50 cloth, $9.50 paper. Almost twenty years before First Things’ symposium “The End of Democracy? The Judicial Usurpation of Politics” (November 1996), Raoul Berger, in Government by . . . . Continue Reading »

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