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2016-11

When the Constitution was framed, the promise of access to the federal courts was at the heart of a new system of government accountable to the people. The federal judiciary, with the Supreme Court at its head, would be the “keystone of the arch,” establishing a binding rule of law for the nation. Today, the Framers’ constitutional vision is in shambles. In filling a vacancy on the Court, left by the passing of Justice Antonin Scalia, progressives have a chance to restore basic constitutional first principles that give Americans their day in court to redress legal wrongs and prevent abuse of power by the government. The story laid out in the pages that follow shows why this is what the Constitution’s text and history requires.