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Law & Religion on the Barrett Court

Strict Scrutiny

00:00

Is There an Establishment Claus Appeasement?

Mica and Nelson looked at a pattern of decisions develop at the court. They saw justices bryor and kagan joining on to conservative majorities for outcomes that they probably don't agree with. One answer is, look, the liberal or progressive justices are trying to forge some kind of compromise. In our view, that compromise was always a kind of illusion.

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