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about marriage and family, childbearing and parenting” and that “if the Senate confirms Robert Bork, it will be too late.”8 Even after the Senate
discrimination. There is clear precedent that individuals have a private right of action to sue for damages for the violation of state constitutional rights if
if their framework were somehow adopted in principle, it would disappoint in practice because, by design, it relies heavily on the state to vindicate
also composed of members of her community) determine what, if any, reputational interests to vindicate. When opposing parties come from communities that
of ordinary politics even if they are not products of Article V’s cumbersome process for amending the Constitution. In Ackerman’s framework, higher
full. If the attorney submitting the amicus brief has significant experience before the Court, it would be more likely that their brief would be placed
design renaissance—a period of fundamental change with respect to the federal bureaucracy—deriving mainly, if not exclusively, from the emergence of new
a substitute for the rulemaking process. If this is the case, then guidance is undermining the accountability mechanisms governing the regulatory
applying the law (who comes from her community) and a jury finding the facts (also composed of members of her community) determine what, if any
those changes if they violated any voter’s rights. In a piece published while Shelby County was pending, Pildes similarly argues that “the more