Strict Scrutiny cover image

Affirmative Action Reaction

Strict Scrutiny

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Are You Giving Your Kids a Second Snack?

Samuel Altschuler: Be careful before you try and propose hypotheticals back to the court because it does not always work out so well. A lido asked Deputy Solicitor General Eric Fagan about whether it would be too burdensome to require district courts to analyze the traditional scope of habeas, he said. He was listening to that with his jaw kind of on the floor as I was like, sir, are you familiar with what you all just unleashed in Bruin? Right. One district judge suggested in a recent order that he's considering appointing a historian to help him comb through the record for an analogies test.

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