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@OrinKerr I don’t see it. ACS doesn’t have the big money, the massive network, the media fronts, the ideological framework, or frankly a deep bench of judges to counter decades of FedSoc work to appoint judges who are essentially doctrinaire on culture war issues.
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@OrinKerr At best, you get some people who get to the same place as Breyer (his approach was never easily sloganized like his opposite number’s) and the results aren’t as politically useful). But are Breyer and Kagan are even the model going forward, given their trust of government power?
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@OrinKerr When you look at Federalist Society judges, their doctrinaire views on culture war issues (one area of heterodoxy allowed) dovetail well with big money and right-wing politics in a way that no combination of centrist or left judges and objectives would.