Abandoning Defensive Crouch Conservatism

Toward a Conservatism that is not Liberalism

Shortly before the 2016 general election, constitutional scholar Mark Tushnet wrote an astonishingly bold essay that called for an end to what he titled “Defensive Crouch Liberal Constitutionalism.” Anticipating an easy Hillary Clinton victory and an imminent change of the Court’s composition, he called for a revolutionary jurisprudence that would aggre…