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In the Spotlight: Aggressive Progressive Jurisprudence

March 22, 2022

Study of “Con Law” is tedious and it takes more than concentrated effort to “figure it out.”

There is no “it,” of course, just changes in emphasis or direction, that took me until the second time I taught a course in “Con Law I,” called “Liberty and Powers,” before I got a handle on that course. Prior to that, I had taken an “Intro” course as an undergraduate and two semesters of Con Law in graduate school– and still it was difficult.

I had to teach it twice before I was confident that I knew that subject.

Imagine then that you turned to CNN or MSNBC this morning and watched Sen. John Cornyn (R-TX) and Sen. Sheldon Whitehouse (D-DE) engage Supreme Court nominee Judge Ketanji Brown Jackson with searching questions about principles and practices of “Con Law.”

We knew these hearings were scheduled, why didn’t Heritage, AEI or the Cato Institute conduct at least one seminar on Judge Jackson’s nomination. Her nomination is “low hanging fruit” for critics to air their views on the danger of aggressive Progressive jurisprudence?

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