Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, and the Consequences of Returning the Constitution to Elected Government
Sandra Day O’Connor Professor of Law and Professor of Government, College of
William & Mary. This paper is an outgrowth both of conversations with Caitlin Borgmann and of
remarks I made at the June 2015 Privacy Discussion Forum organized by Russ Weaver and
held at the University of Paris. Thanks to the Vanderbilt Law Review for organizing this symposium
and thanks to my research assistants Caitlin Carter, Andrew DeVore, Phil Giammona, and Russ Terman.