The Marshmallow Experiment
Strict Scrutiny
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The Tension Between Establishment and Free Exercise Clauses
Kagan was especially active in this argument, so let's play a clip where she very much acknowledges the tension between the two religion clauses. So i think that going into this argument, my impression was that there was a strong sense that maine, given the kind of direction that we are talking about right now, that mayne was likely to lose this case. And nothing transpired during the argument that changed that impression, at least for me, right notwithstanding the really excellent advocacy of justice.
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