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Mark Tushnet

Mark Tushnet is an emeritus professor at Harvard Law School and the author of Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press, 2020).


Constitutional crisis won’t be fixed by a few isolated reforms. We need to rethink the Constitution from the ground up.

Mark Tushnet

Owen Fiss’s proposal does not go far enough.

Mark Tushnet