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08/25/2012

Richard Epstein on Conservative Jurisprudence at the Supreme Court
Michael Ramsey

At SCOTUSBlog, Richard Epstein: A high-stakes game: Will the Supreme Court change its direction after the next election? (principally arguing that the conservative Justices have not been aggressive enough in returning the Constitution to its intended role in property rights, economic rights, separation of powers and federalism).  An excellent complement to two other recent SCOTUSBlog posts noted earlier here, by Adam White and Roger Pilon.  The central point of all of them is the developing fundamental tension in conservative jurisprudence over how aggressive the Court should be in overturning decisions of the political branches.