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Article III Gets Some Love

January 13, 2010

The Economist makes a great argument for trusting the judicial branch on wedge issues:

There aren’t that many social settings in which people are expected to set aside their fixed positions, listen to opposing arguments with an open mind, accept new evidence and testimony, and come to a fair, just conclusion, in the knowledge that they will be respected rather than disdained for changing their minds. One such setting is a courtroom.

From Democracy In America

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One Comment leave one →
  1. nick permalink
    January 14, 2010 7:18 am

    except, of course, that hearts and minds can be changed — and are changing.

    yes, there’s a segment of the population you can’t win. but there’s a moveable middle. and the truth is, it’s not yet been moved.

    and so while I believe in the normative power of the courts, and I truly do believe in the power of impact litigation to create change, I have to say:

    this lawsuit is a huge mistake.

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