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Tanner v. United States
5-4
Is There Textualism in the Supreme Court?
O'Connor says that frequent challenging of verdicts based on germ misconduct would quote disrupt the finality of the process. The dissent has a pretty extensive treatment of legislative history as well, but comes out the other way. Conservative judges love it because it is something that it makes sense that eventually you run out of bites at the apple, right? That process runs out.
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