Sierra Club v. Morton
5-4
00:00
The Importance of Knowing the Time
Kagan is sort of the output of liberals spending decades being cowed by conservative arguments about what the law should be. She will often end up just trying to do textualism and do originalism better than the conservatives, he says. Kagan's dissent especially maybe has me thinking about the role of the adjudicator in our system: substantive versus procedural adjudication. There are cases about procedure that keep people out of court like standing doctrine or heightened pleading standards. Those doctrines really show us that judges have two separate categories of things they actually have to judge.
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