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SCOTUS Wants To Drain The Swamp, Too
Amicus With Dahlia Lithwick | Law, justice, and the courts
The Court's Reluctance to Apply Clear Statement Rules to Environmental Law
I think this sort of knock on Justice Alito's majority opinion was a bad textualism i.e. he rewrote the statute, b that he sort of irrigated to himself I think Justice Kagan in her percent accuses the majority of appointing itself quote is the national decision maker on environmental policy. The court ultimately doesn't suggest that the plain language alone answers the question in its favor what it does is it kind of says well this case implicates two different clear statement rules which are just rules where the court says for some sort of background constitutional or other reason we're going to require an unusual degree of clarity before a legislature can do something or other. But those sort of judicially
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