The Least-Harm Principle

But first . . .

Treat yourself to the opening segment of yesterday’s Morning Joe.

It doesn’t get any better than this.

SFT: “Professor Aaron Tang argues that Constitutional law is broken because it lacks a coherent principle for deciding hard cases.  Textualism tends to favor “conservatives”; evolutionism (the “living constitution”), tends to favor liberals; and these two principles are simply irreconcilable.  He discerns a possibly emerging principle in the past term’s surprises, consistent with the Court’s proper role as a moderating influence, which he calls the ‘least harm’ principle.”

A perspective worth considering.

Have a great weekend!