Liberals, stop being so defensive. That’s the message of Harvard law professor Mark Tushnet in a new post at Balkinization, titled “Abandoning Defensive Crouch Liberal Constitutionalism.” The problem, according to Tushnet, is that liberals have been too defensivewhen it comes to advancing their agenda in the courts.
Now that President Barack Obama has reshaped the federal judiciary, liberal causes can win easily in court. And now that Justice Antonin Scalia has died, “judges no longer have to be worried about reversal by the Supreme Court if they take aggressively liberal positions.”
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