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Kagan's Unusual Theory on the Niparistone Case
Leah's Spider Sense: Kagan was not going to let any of that stand unchallenged. Justice Alito posed a question about whether the Hardison Court and Congress were operating under an incorrect understanding of the First Amendment. The court said it may have been using our sort of fortune teller apparatus, which might have been what was in people's minds. But we'll play the whole exchange here.