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Shadow Docket

What Roman Mars Can Learn About Con Law

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Is This a New Way of Attacking a Constitutional Right?

"It does seem to be a novel way of trying to attack a constitutionally established right, in a way that's really hard to challenge," he says. "I mean, this tactic of creating a law in which there is no wad and passing it through with some knuckle heads ... Is this now a thing like, did they just pioneer something horrible? It seems to be, right?" He adds: "And it does create an incentive for other states to craft the same kind of version of expiat."

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