Constitutional Law
Apr. 10, 2023
42 U.S.C. § 1983 brings out the best and worst of our system
When the court finally interprets the constitutional tort system the 42nd Congress actually intended, the entire system will respond more quickly and efficiently in addressing and deterring constitutional abuses as they arise. Such reform will achieve what earlier reforms leading to the Federal Rules of Civil Procedure were designed to do – get federal judges’ fingertips off the scales of justice.
Robert L. Bastian Jr.
Partner
Bastian & Dini
Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211
Phone: (310) 789-1955
Fax: (310) 822-1989
Email: robbastian@aol.com
Whittier Law School
The US Supreme Court has a history of using dodgy history to make bad law. Sometimes it's the product of motivated reasoning, framing an originalist narrative to shape a desired result or policy. Sometimes, justices just get it wrong because, like the rest of us, they are fallible.
This is particularly true when it comes to 42 U.S.C. § 1983, the most consequential civil rights statute in American law. Section 19...
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