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Is This a Free State Legislator?
At least three justices in the supreme court who have stated their interest in this theory, clarence thomas, ne gorsage, sam melito. And i find that very alarming for the reasons that we have discussed. In the strongest form, i think this theory essentially free state legislatures to do whatever they want, right? It is purely, in my view, a partisan power grab. No matter whether the supreme court affirms a strong version of the theory or a weak version, that is sponsored scrutiny by sane box.