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Sipping My Tea

Strict Scrutiny

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Justice Scalia's Dissent in the Kagan Vote

The Chief Justice got the Chief Justice on record as joining Justice Gorsuch's opinion, advocating for the deconstruction of the administrative state. When the Chief could just have easily joined Alito, that is one of the most important votes of this term. The other thing I think, in the Kagan plurality opinion, I guess we're going to talk about Justice Kagan a lot today, but I think that's right. And so she's not in dissent here, obviously, but it's not clear who how many people she's writing for.

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