Comments on: The Will of the People http://www.concurringopinions.com/archives/2009/10/the-will-of-the-people.html The Law, the Universe, and Everything Tue, 14 Feb 2012 13:59:42 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Monday Round-up | SCOTUSblog http://www.concurringopinions.com/archives/2009/10/the-will-of-the-people.html/comment-page-1#comment-66029 Monday Round-up | SCOTUSblog Mon, 26 Oct 2009 14:24:00 +0000 http://www.concurringopinions.com/?p=21445#comment-66029 [...] on public opinion and the Supreme Court, The Will of the People, at ACSblog, Gerard Magliocca at Concurring Opinions offers his own reflections on the [...] [...] on public opinion and the Supreme Court, The Will of the People, at ACSblog, Gerard Magliocca at Concurring Opinions offers his own reflections on the [...]

]]> By: Danielle Citron http://www.concurringopinions.com/archives/2009/10/the-will-of-the-people.html/comment-page-1#comment-66009 Danielle Citron Sat, 24 Oct 2009 14:37:31 +0000 http://www.concurringopinions.com/?p=21445#comment-66009 I will be featuring Barry's book on our Bright Ideas series so more from Barry soon! Danielle I will be featuring Barry’s book on our Bright Ideas series so more from Barry soon! Danielle

]]> By: Brett Bellmore http://www.concurringopinions.com/archives/2009/10/the-will-of-the-people.html/comment-page-1#comment-66008 Brett Bellmore Sat, 24 Oct 2009 13:37:54 +0000 http://www.concurringopinions.com/?p=21445#comment-66008 <i>"but those cases get lots of attention as opposed to the situations where the Court folds like a cheap tent and upholds popular curbs on civil liberties when they should know better."</i> Rarely, you'll get a case where the Court folds, and upholds a popular civil liberty in the face of elite opposition to it. Heller was such a case. Kelo wasn't, unfortunately. You really shouldn't imply that in these elite vs popular will cases it's always the popular will VS civil liberties. The popular will is more civil libertarian than the elite in some areas. “but those cases get lots of attention as opposed to the situations where the Court folds like a cheap tent and upholds popular curbs on civil liberties when they should know better.”

Rarely, you’ll get a case where the Court folds, and upholds a popular civil liberty in the face of elite opposition to it. Heller was such a case. Kelo wasn’t, unfortunately. You really shouldn’t imply that in these elite vs popular will cases it’s always the popular will VS civil liberties. The popular will is more civil libertarian than the elite in some areas.

]]> By: David Bernstein http://www.concurringopinions.com/archives/2009/10/the-will-of-the-people.html/comment-page-1#comment-66004 David Bernstein Fri, 23 Oct 2009 22:04:20 +0000 http://www.concurringopinions.com/?p=21445#comment-66004 I've read most of it. Great book. I’ve read most of it. Great book.

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