3min chapter

Strict Scrutiny cover image

How the 303 Creative case threatens to roll back the 21st century

Strict Scrutiny

CHAPTER

The Colorado Supreme Court's Hypothesis, the Ashley Madison Hypothesis

Kristen Wagoner was trying to make excuses for why she didn't answer Justice Kagan's hypothetical. She provided a number of hypotheticals, but many of them were just a distraction. And in terms of all of these insane hypos, there is sort of a serious point to make up about them, which is that they kind of all go back to the absence of an actual factual record here.

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