“The State as Witness: Windsor, Shelby County, and Judicial Distrust of the Legislative Record”

Bertrall Ross has posted this draft on SSRN (NYU Law Review).  Here is the abstract: More than ever, the constitutionality of laws turns on judicial review of an underlying factual record, assembled by lawmakers. Some scholars have suggested that by … Continue reading “The State as Witness: Windsor, Shelby County, and Judicial Distrust of the Legislative Record”