4min chapter

Strict Scrutiny cover image

Fueling the Conservative Grievance Machine

Strict Scrutiny

CHAPTER

Is There Legislative History?

In Bitner versus United States, the court held that penalties can be imposed on people who fail to report information about foreign bank accounts. Justice Thomas, Justice Alito, Justice Gorsuch and Justice Barrett very performatively did not join that part of the opinion. They didn't say that was why they weren't joining, but presumably that's why they didn't join. This is a very classic Justice Scalia move.

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