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"Not That Bad" is Still Bad!
Strict Scrutiny
The Washington Supreme Court's Resolution of 303 Creative
There was an intervening development after the Washington Supreme Court opinion that has uncovered additional facts and made the resolution possibly moot. And because it's so messy, they don't ultimately do what they may have wanted to do. I mean, 303 creative is a great example of this. The affirmative action case is another example. Why let undeveloped facts get in the way of hobbling a statute or changing an entire body of jurisprudence?
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