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Strategic Constitutional Litigation

Dana Berliner, Steve Simpson, Deborah Simpson

Presented at: OCON 2012

Date: Jun 30, 2012

During the 1930s, the Supreme Court all but gave up on enforcing constitutional limits on government and protections for individual rights. In most areas of constitutional law, the situation has gotten progressively worse over time. But all is not lost. Positive change in the law, and in the wider culture that is impacted by the law, is still possible. Attorneys from the Institute for Justice discuss their use of strategic litigation, its limits and its role in changing the culture.

Using case examples involving freedom of speech, eminent domain and economic liberties, the panelists demonstrate how an integrated approach—using litigation, media relations, strategic research and activism—can change laws, increase freedom and positively impact debates about important legal issues. They explain the value of incremental litigation over time and how even losses in court can be turned into gains in the battle for freedom.


Parts: 1

Handout: none