Asked and Answered: A Listener Mailbag Episode!
Strict Scrutiny
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The Liberal Justices Have More to Gain by Applying a Textualist Lens
Chris: I think oral arguments matter in some cases, but not others with respect to outcomes. Do we hurt ourselves by conceding from other methods of statutory interpretation? Justice Kagan famously declared that we are all textualists now and very famously disclaimed that position last term. Matthew Kasmeric is a scientist. He could probably write an opinion about Mepha Prestone that we'd find more enlightening.
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