3min chapter

Strict Scrutiny cover image

Making Fraud Great Again

Strict Scrutiny

CHAPTER

Justices Should Be Concerned About Potential Consequences

Even the liberal justices honestly gave the federal government a pretty hard time at points during this argument. So they were not quite as bad for the government as I had assumed going in, honestly. It's possible this case could be a super narrow vacate in remand since the government has now more or less abandoned what's known as the right to control theory. And so there should just be a straight affirmance.

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