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June 30, 2014


The Court Suddenly Finds Congress Is Wise

Rick Hasen notes that near the end of Justice Samuel Alito's majority opinion in the Hobby Lobby case today, he writes that it is not the Court's job to question the "wisdom" of Congress.

"The Court has shown no such deference when it comes to the need for campaign finance regulation or to protect the voting rights of racial minorities and others. The Roberts Court has overturned or limited every campaign finance law it has examined (aside from disclosure laws). It has struck down a key provision of the Voting Rights Act. How much deference did Congress get in those cases? None."

"Well when is Congress wise and entitled to deference? When the Court agrees with Congress's approach."












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