45 Years Since Donadio v. Cunningham

In the federal system, Justice Brandeis’ concurrence in Ashwander v. TVA, 297 U.S. 288 (1936), has been the source most often cited for the principle that courts will avoid reaching constitutional issues when cases can be decided on other grounds.  That concurrence catalogued a series of prior statements by the Court or individual Justices that […]

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