"Not That Bad" is Still Bad!
Strict Scrutiny
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The Supreme Court's Unjustified Coverage of the Barrett Three Justice Plurality
Barrett, Kavanaugh and the Chief only would have done this if they had gotten five. And so it's just this weird calculus that I don't know, we're ever really going to get a window into. It feels like coverage like that coupled with the this is eight one in the disposition has blunted and been used to blunt some of the criticism of the opinion. But also this feels to me like a case where as you were saying Jenny, like there were three justices maybe four who wanted to change the law so badly... They took a case that's obviously unsuited for their review,.
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