Articles tagged as federal courts
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“Recovering a Conservative State Legal Theory” — Jeffrey Bristol in Anchoring Truths and Law & Liberty
Responding to Holden Tanner and Jesse Merriam, Jeffrey Bristol argues that state courts limit themselves by adopting the same sort of originalism as federal courts–and that Erie, far from wrenching common law reasoning from the states, actually returned state courts to power. Some excerpts: “It may seem surprising to say that originalism ignores state power. […] -
“Why State Courts Matter” — Jesse Merriam at Anchoring Truths and Law & Liberty
Jesse Merriam responds to Holden Tanner and Josh Hammer, arguing that state courts matter not merely because they strengthen conservative power in the federal courts, but because states are the most basic guardians of liberty. Some excerpts: “A successful socio-legal movement must engage within rather than push against the prevailing cultural norms. The NAACP, for […]