That was sheer judicial activism, says John Vail with the Center for Constitutional Litigation, a Washington law firm that frequently sues on behalf of plaintiffs it feels have been denied access to the courts.

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Last month, Princeton researchers submitted a report based on their study of the machines' security, part of an ongoing lawsuit filed by Rutgers Constitutional Litigation Clinic against the state government aimed at decertifying Sequoia machines.

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And so when we equip these lawyers who already have legal skills to understand the constitutional dynamics of litigation, we've seen the success rate be very, very high.

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Fans of the legal challenge to Obamacare take note: The core constitutional argument behind the litigation might be in trouble if it ever hits the Supreme Court.

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