Fueling the Conservative Grievance Machine
Strict Scrutiny
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Is There a Solicitation of a Crime Statute?
Breyer: There's nothing in this subsection four that suggests that Congress meant the kind of limited statute that just surprised us. The fact that you would need to do that in order for it to be constitutional is a good indication that Congress did not mean for the statute to be read that way, Breyer says. "I can't think of any instance in which residing in the United States is a crime," he adds.
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