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Religion & Law

: Constitutionally Correct

Judicial deference to Congress versus judicial deference to state legislatures

By Alliance Alert

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At The Volokh Conspiracy, Orin Kerr responds to an NYT column by Linc Caplan, who wrote: "[Justice Breyer] fits no conventional model of a liberal. The historian Jeff Shesol wrote in The Times Book Review: 'Breyer has been less willing than any of his fellow justices to overturn acts of Congress.'" Excerpt from Kerr's response: "Recall this chart I posted in 2008. As that chart shows, liberal Justices vote to strike down more state laws than conservative Justices and conservative Justices vote to strike down more federal laws than liberal Justices."

Full post as published by Constitutionally Correct on September 28, 2010 (boomark / email).

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