2min chapter

Strict Scrutiny cover image

Just how bad is the Supreme Court's EPA decision?

Strict Scrutiny

CHAPTER

The Major Questions Doctrine

Kagan revisits her famous, we are all textualists now line that she gave in a lecture at harvard law school. The current court is textualists only when being so suits, when that method would frustrate barter goals. Special canons like the major questions doctrine magically appear as get out of text free cards. But obviously it's prety convincing exercise.

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