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What a Conservative Judicial Revolution Looks Like

Doug Kendall | Posted 06.17.2012 | Politics
Doug Kendall

As the Supreme Court's conservative majority stands poised at the edge of a cliff -- debating whether or not to strike down the Affordable Care Act and pick a very large fight with Congress and a sitting President -- two conservative judges on the U.S. Court of Appeals for the D.C. Circuit sought to push them over the edge last week. Their opinion -- a startling call for the abandonment of eight decades of Supreme Court case law in economic cases and a return to the pre-New Deal "Lochner Era" -- is the clearest roadmap yet as to what a conservative judicial revolution looks like.