- U. Chicago Law Review
- 03 May 2009
Modernization, Moderation, and Political Minorities: A Response to Professor Strauss
Jonathan F. Mitchell - George Mason University School of Law
The Supreme Court is frequently accused of declaring laws unconstitutional based on little more than the justices’ ideological preferences. This is an especially common criticism of the Court’s capital-punishment, equal-protection, and substantive-due-process jurisprudence, where the justices have made little effort to tie their decisions to anything resembling a neutral principle.
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