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Judicial Engagement and its Discontents: A Modest Proposal for Constitutionalists

How should the next Supreme Court Justice adjudicate? Last month, I participated in a thought-provoking debate on Cato Unbound concerning that question--a question of pressing importance in the wake of the recent passing of Justice Antonin Scalia. I am grateful to Cato Unbound for hosting the debate and although my disagreements with my interlocutors were substantial, I am also grateful to Professor David Strauss, Professor Barry McDonald, and Ed Whelan for challenging my argument that the next Justice should adopt a particular approach--judicial engagement--in evaluating assertions of government power.
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