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-Text: Congress should do the aff. |
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-CP solves – Congress can amend the relevant statute instead of waiting for the courts. |
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-Lynda G. Dodd 15, Joseph H. Flom Professor of Legal Studies and Political Science at The City University of New York–City College, writing a book examining the Supreme Court’s development of the legal framework for Section 1983 litigation., 10-19-2015, "What's missing in the police reform debate? (Part 1)," Balkinization, https://balkin.blogspot.com/2015/10/whats-missing-in-police-reform-debate.html |
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-Because these doctrines … of significant statutory reform. |
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-Speed NB |
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-The Court takes years to act, whereas Congress can implement the plan now – all their advantages become linear disads vs the counterplan. |
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-Ornstein et al 11 – Continuity of Government Commission made up of Norman J. Ornstein political scientist and resident scholar at the American Enterprise Institute, Thomas E. Mann Averell Harriman Chair and a senior fellow in Governance Studies at the Brookings Institution, John C. Fortier research fellow at AEI, and Jennifer K. Marsico AEI, 2011, “Preserving Our Institutions: The Third Report of the Continuity of Government Commission-The Supreme Court.” American Enterprise Institute, https://www.aei.org/wp-content/uploads/2011/10/Supreme-Court-Continuity.pdf |
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-The Court’s Slow … after initial detainment. |
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-Culture Shift NB |
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-Only legislative action can change culture – judicial rulemaking is perceived as an undemocratic imposition, empirics prove. How you do the plan is matters and only the counterplan accesses this shift. |
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-Stoddard 97 (Thomas B. Stoddard, Former Professor of Law at NYU Law School, November 1997, New York University Law Review, “Bleeding Heart: Reflection on Using Law to Make Social Change,” pg. 7, http://law.ubalt.edu/law/ downloads/law_downloads/ Stoddard.pdf) |
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-The arena of … in the end, done. |
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-Uniquely important here - |
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-A. analytic |
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-B. Without a cultural shift courts can use their interpretive leeway to narrow disruptive opinions until they’re purely symbolic. |
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-Re 15 - Re, Richard M UCLA law faculty as Assistant Professor of Law.. "Narrowing Supreme Court precedent from below." Georgetown Law Journal, Forthcoming (2015). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2699607 |
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-V. NARROWING AS RESISTANCE Another reason to … narrowing as resistance. |