The Least-Harm Principle August 12, 2022August 11, 2022 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!