THE COMMENTATOR - NYU Law

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crimination ban would disappear in an instant.” If the fundamentalism of Justices Scalia and Thomas held sway, other liberal perfectionist interpretations of the Constitution that were made by the Supreme Court decades ago would (or could) be reversed, according to Sunstein. “The right of privacy, of course, would be out the window,” he said. “Fundamentalist prin-ciples would make Roe ...


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