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Democracy, distrust, and the Schuette dissent

November 04, 2014 | By WENCONG FA

Today is Election Day. As Justice Sotomayor noted in her dissent in Schuette v. BAMN, “we are fortunate to live in a democratic society. But without checks, democratically approved legislation can oppress minority groups. For that reason, our Constitution places limits on what a majority of the people may do.” That’s absolutely ...