Is ISL dead? IDK.
Strict Scrutiny
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The Court Leaves the Door Open for Future Challenges to State Constitutional Provisions
"This could be like any reality television romance that just pops back up later in a couple of years or so once everyone's forgotten about this," he says. "The court rejects the theory as it was framed by the legislative defendants and it holds pretty clearly that ... the elections clause does not exempt state legislatures from the ordinary constraints imposed by state laws." The ruling leaves the door open for future challenges to particular state court decisions, interpreting particular state constitutional provisions.
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