The universality paper changed the conversation in ways I had not fully projected.Not in the courts. Not yet. The universality argument had not been tested in a case and would not be tested until a case arrived that required it. But in law schools, in policy circles, in the legal advocacy community, the paper was doing something to the conversation about access and adequacy and what the constitutional right actually meant.I taught the paper in my seminar in February. Twelve students. The session lasted three hours because the questions did not stop.One student, a third-year named Benjamin, said at the end: "This argument implies that the current condition of public defense in most of America is unconstitutional.""Yes," I said."Most of America," he said."Most of America," I confirmed."So we are arguing that a constitutional violation is the normal state," he said."We are arguing that the constitutional right has not been honored," I said. "And that honoring it requires a differ
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