Smashing Precedents and Making Up Facts
Strict Scrutiny
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Is This a Next Frontier in Justice Gorsuch's Judgment?
Justice Sotomayor said the court is overruling Lemon v. Kurtzman, a legal test used to determine whether an establishment clause is violated. In his opinion, Justice Gorsuch does not explicitly overrule that case but kind of abandons it by saying the court has already abandoned it. John Avlon: It just sort of says, like, you know, we get to say what the law is and say what history is,. We get to now say what facts are.
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