CAC President: Progressives Win When Judges Look to the Constitution’s Text and History

On July 18, 2011, the Brookings Institution hosted a debate between Constitutional Accountability Center President Doug Kendall and University of Chicago Law Professor Geof Stone on how progressives can take back the Constitution from conservatives. Using conservative, Sixth Circuit Judge Jeffrey Sutton’s recent decision to uphold the health care reform law as evidence, Kendall argued that progressives win in the courts when arguments are based on the Constitution’s text and history.