And then there’s the growing school of progressive originalists to factor in. The lawyers at the left-leaning Constitutional Accountability Center, for example, also justify their arguments by appealing to the Constitution’s text and history.
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As David Gans of the Constitutional Accountability Center writes in an email to Media Matters: "Judge Brown's concurring opinion calls economic liberty a fundamental constitutional right and urges the Supreme Court to take us back to the Lochner era, when the Supreme Court invented a constitutional right to freedom of contract to second-guess state and federal regulation of corporations and other businesses. This is a revolutionary view that would call for overturning hundreds of federal and state regulations as well as the last eight decades of Supreme Court jurisprudence."
There is nothing to justify this extended period with years of vacancies numbering more than 80 around the country. ... Indeed, when the Senate was confirming 205 circuit and district court nominees during the first term of President George W. Bush, we lowered vacancy rates more than twice as quickly. I ask unanimous consent to include in the Record at the conclusion of my remarks a copy of the Internet article entitled, “1000 days,” by Doug Kendall and Ryan Woo of the Constitutional Accountability Center, on this point.
“The conservative base is much more energized and aggressive about the Court than the progressive base,” says Doug Kendall, president of the Constitutional Accountability Center, a center-left legal advocacy group.
On April 6, 2012, CAC's Chief Counsel Elizabeth Wydra discussed President Obama's judicial review controversy on South Carolina radio station "U Need 2 Know."
After telling themselves that Obamacare’s individual mandate was patently constitutional, liberals are now aghast at the possibility — seemingly more likely after this week’s oral arguments — that it will be overturned. In a panic, the Left has leveled all sorts of ridiculous charges against the Supreme Court. Here are the three worst offenses.