The article pointed out recent court successes of the Goldwater Institute, a conservative organization that advocates restricting government influence over businesses and charter schools and limiting how cities can use taxpayer funds.
Some policy-makers have criticized the Institute as being too quick to sue and are concerned about governments being reluctant to support public programs or economic development over fears of costly public lawsuits. The Goldwater Institute's push for a more conservative Arizona, with less regulation, may not benefit residents over time, Bender said.
"I think they're ideas are wrong. But at least they're fighting in the courtroom, where we can follow them and not making deals in some back room," he said.
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Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.