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The Case That Broke David's Inbox

Advisory Opinions

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Do You Have a 401k?

I think the court got into it and essentially bit off more than they really realized they were going to have to chew. The case was so much about what happens in the next case. It was very little about whether this seemed reasonable or whether California should be able to do this. And most of the argument was about the implications if you tell them no for other things, he says. But everything else I do think is either up to Congress to step in or more importantly, we need some other doctrine to do whatever work we're talking about, right?

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