Strict Scrutiny cover image

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

Strict Scrutiny

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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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