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Jurisprudence

Touro University Jacob D. Fuchsberg Law Center

Journal

Discrimination

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Full-Text Articles in Supreme Court of the United States

The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh Jan 2023

The Roberts Court’S Anti-Democracy Jurisprudence And The Reemergence Of State Authoritarian Enclaves, Reginald Oh

Journal of Race, Gender, and Ethnicity

This Essay argues that the Roberts Court has been a pivotal institutional player in destabilizing constitutional democracy. It has enabled states to freely pursue agendas that are authoritarian in nature. And because authoritarianism is contrary to core principles of the Constitution, the Roberts Court’s constitutional jurisprudence has no basis in the Constitution and must ultimately be rejected.

Instead of taking steps to block authoritarian legislation and promote a fair and open political process, the Court has issued rulings catalyzing and reinforcing the authoritarian impulses of the former Jim Crow states. The Roberts Court has engaged in judicial review reinforcing authoritarianism, …


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.