Smashing Precedents and Making Up Facts
Strict Scrutiny
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First Step Back - Torres v Texas Department of Public Safety
This is a state sovereign immunity case. The court has said states can be sued by private parties when Congress legislates under the bankruptcy clause. And here it says the same thing about when Congress exercises its powers to raise and support armies. So the court's decisions in this area are based on hand waving, flimsy history, and political theory that is at odds with our constitutional system.
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