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judicially enforced rights. But given that judicial enforcement is not a prerequisite for meaningful rights protection,FP 9 PF rights should not be
align with the views of the public. While the opinions of the Court tracked the views of the public on major issues until recently,9 a major
the problem posed by the “illiberal democrat.”9 8. See Samuel Issacharoff, Fragile Democracies, 120 HARV. L. REV. 1405 (2007). 9. I borrow this
Unconstitutional Zoning Practices, 9 GEO. MASON L. REV. 929, 943-44 (2001). 147. See Hamilton, supra note 146, at 334; Storzer & Picarello, supra note 146
coerciveness involved. Formulated as a rule of 5. Eric A. Posner & Adrian Vermeule, Crisis Governance in the Administrative State: 9/11 and the Financial
Evicting Domestic Violence Victims from Public Housing Based on the Zero-Tolerance Policy, 9 CARDOZO WOMEN’S L.J. 97, 99 (2002). SUK FORMATTED_08
2014). 126. See, e.g., Hill v. Warsewa, 947 F.3d 1305, 1309 (10th Cir. 2020); Ray Charles Found. v. Robin- son, 795 F.3d 1109, 1118 n.9 (9th Cir
of private and state violence—especially racialized minorities in the United States—that may well be rather cold comfort.9 To their weary ears, solemn
decision output,”9 and was a remedy that the Court had upheld “over and over and over again.”10 In response to the Solicitor General’s contention that D.C
2007 11:40:29 PM intellectual property as property 1747 people or corporations.9 Likewise, the owners of the autos need not know much about me