Tournament: AV | Round: 3 | Opponent: Harker SP | Judge: Victor Rivas Umana
Text: Congress should do the aff.
CP solves – Congress can amend the relevant statute instead of waiting for the courts.
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
Because these doctrines … of significant statutory reform.
Speed NB
The Court takes years to act, whereas Congress can implement the plan now – all their advantages become linear disads vs the counterplan.
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
The Court’s Slow … after initial detainment.
Culture Shift NB
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.
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)
The arena of … in the end, done.
Uniquely important here -
A. analytic
B. Without a cultural shift courts can use their interpretive leeway to narrow disruptive opinions until they’re purely symbolic.
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
V. NARROWING AS RESISTANCE Another reason to … narrowing as resistance.