Institute for Justice
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1.1万 回視聴 ・ 957いいね ・ 2025/05/02
You might think constitutional lawsuits work like this: Find an unconstitutional law, challenge it in court, and if the law is truly unconstitutional, the court will strike it down. But in reality, a web of legal doctrines and ingrained attitudes mean judges have enormous leeway to avoid ruling against the government.
On this episode, we talk with IJ attorneys Josh Windham and John Wrench on judicial deference and why courts protect some rights better than others.
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About Beyond the Brief:
Hear about the cases, issues, and tactics advancing IJ’s fight for freedom—directly from the people on the front lines. Beyond the Brief explores the legal theories, strategies, and methods IJ uses to bring about real world change, expanding individual liberty and ending abuses of government power. Each episode gives listeners an in-depth, inside look at how—and why—we do what we do.
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現在の再生方法: education
The proper phrase isn't "deny reality." It is "deny justice."
This is why I'm a proud supporter of The IJ!
A US Judge first hold up the US Constitution - period. They are not to create new laws, that’s up to Congress.
IJ is my hope for America...I want to personally thank all of you there at the Institute for Justice.
Thank you for addressing this issue!
Stunning how normalized the "new" stance of the courts holding the govt's position higher than peoples has become.
Why we need IJ and why I donate to them. Thank you.
Most judges have never been about following the law, it’s about their feelings. Or having a certain number of convictions they need per month.
What a nice way to say it, "protect some rights better than others."
Interesting timing. Art III district judges have gone stark raving mad
Judges are supposed to only follow the laws in place. Ones that make up rules to suit their agenda should be jailed immediately!!
Thank you IJ. Your work is so very much appreciated!
I love the creative headstone you recieved from the clients in Tennessee that's hilarious! And so clever!
❤️ ⚖️ ❤️
We are not living in the country that our forefathers envisioned when they founded this country and wrote the Constitution .
A judge in NYS is obligated to determine if a defendant facing incarceration is in need of indigent legal services. When a judge in Dutchess County failed to do this in a municipal case, she now is working to ignore motions claiming disregard of law and constitution.
I for one really appreciate Kim's briefings. You've got a lot of smart people there that are highly educated in these matters. Todays show was very interesting, very thought-provoking. I also very much appreciate your magazines and emails to keep me informed. I enjoyed learning some of the history of IJ also, thank you.
I started watching this YT channel and now "I CAN'T STOP". THANK YOU for the YT videos, i enjoy watching and commenting from Quakertown, Penn-silly-vania, USA to help your YT algorithm.
I served this nation at war and I took my Oath to the Constitution seriously. I'm glad you younger people understand the importance of the Constitution and the constant jeopardy it's in!
Sane and honest would be a good start.
An example of the absurdity of the "rational basis" was the decision of the Kentucky supreme court upholding the helmet requirement for motorcycle users was that the purpose of the law was to keep persons eligible for the military draft healthy.
Its weird to me how bad some are on the 2nd Amendment in the blue states.
The other reason judges side with the government is many of them were in the government before becoming judges. They generally seem to believe that they have an obligation to protect others in the system AND they also act as if the people in the government are not ambitious and are in some manner seeking only the proper outcome when in fact government employees and government lawyers have careers they want to advance and are not serving in some form of impartial or unbiased role.
@truecatholic1
The proper phrase isn't "deny reality." It is "deny justice."
@zeon5323
This is why I'm a proud supporter of The IJ!
@GreenAppelPie
A US Judge first hold up the US Constitution - period. They are not to create new laws, that’s up to Congress.
@davidmorse2149
IJ is my hope for America...I want to personally thank all of you there at the Institute for Justice.
@johnagorman
Thank you for addressing this issue!
Stunning how normalized the "new" stance of the courts holding the govt's position higher than peoples has become.
@cj90014
Why we need IJ and why I donate to them. Thank you.
@ctV837reZ
Most judges have never been about following the law, it’s about their feelings. Or having a certain number of convictions they need per month.
@justliberty4072
What a nice way to say it, "protect some rights better than others."
@greenbook67
Interesting timing. Art III district judges have gone stark raving mad
@J80teyro
Judges are supposed to only follow the laws in place. Ones that make up rules to suit their agenda should be jailed immediately!!
@MeRiaNevaMynd
Thank you IJ. Your work is so very much appreciated!
I love the creative headstone you recieved from the clients in Tennessee that's hilarious! And so clever!
❤️ ⚖️ ❤️
@jodyvanliew2514
We are not living in the country that our forefathers envisioned when they founded this country and wrote the Constitution .
@David_Mash
A judge in NYS is obligated to determine if a defendant facing incarceration is in need of indigent legal services. When a judge in Dutchess County failed to do this in a municipal case, she now is working to ignore motions claiming disregard of law and constitution.
@william_mac
I for one really appreciate Kim's briefings. You've got a lot of smart people there that are highly educated in these matters. Todays show was very interesting, very thought-provoking. I also very much appreciate your magazines and emails to keep me informed. I enjoyed learning some of the history of IJ also, thank you.
@david-oc1lm
I started watching this YT channel and now "I CAN'T STOP". THANK YOU for the YT videos, i enjoy watching and commenting from Quakertown, Penn-silly-vania, USA to help your YT algorithm.
@2artactical55
I served this nation at war and I took my Oath to the Constitution seriously. I'm glad you younger people understand the importance of the Constitution and the constant jeopardy it's in!
@silverXnoise
Sane and honest would be a good start.
@makylemur7019
An example of the absurdity of the "rational basis" was the decision of the Kentucky supreme court upholding the helmet requirement for motorcycle users was that the purpose of the law was to keep persons eligible for the military draft healthy.
@Sarcasmarkus
Its weird to me how bad some are on the 2nd Amendment in the blue states.
@Patrick-so6xm
The other reason judges side with the government is many of them were in the government before becoming judges. They generally seem to believe that they have an obligation to protect others in the system AND they also act as if the people in the government are not ambitious and are in some manner seeking only the proper outcome when in fact government employees and government lawyers have careers they want to advance and are not serving in some form of impartial or unbiased role.