ABOUT THE AUTHOR

Duncan Hosie

Duncan Hosie is a legal scholar and writer. He is the academic fellow at the Stanford Constitutional Law Center and previously was a Steven Polan Fellow in Constitutional Law and History at the Brennan Center at the NYU School of Law.

POSTS BY Duncan Hosie

09 July 2025

Duncan Hosie

The Liberal Litigation Trap

The progressive legal movement faces a harsh reality: its reliance on federal courts has become a strategic liability in an era of conservative judicial dominance. Rather than continue on its current path or abandon impact litigation entirely, liberal cause lawyers should embrace “resistance through restraint” – tactically starving conservative appellate courts of cases while redirecting their energy toward democratic organizing, state-level advocacy, and defensive litigation. Continue reading >>