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Is A New Supreme Court Emerging?
Amicus With Dahlia Lithwick | Law, justice, and the courts
Brett Kavanaugh's Reserved Equal Protection Questions
Poliza: Brett Kavanaugh seems certainly open to revisiting at least the equal protection part. The non delegation piece of it, I just think we can set aside,. It's largely of a piece with this other issue about congressional power. If and when this case does ultimately come back to the court that there are probably, orI would say almost certainly at least five votes, to reject this equal protection argument. And so if the court has good cause to not place them with the tribe or instead of family, like the court can override these commands.
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