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Is ISL dead? IDK.
Strict Scrutiny
The Supreme Court's View on Federal Court Review of State Constitutions
Lee: There are already kind of due process constraints that would apply if a state court went truly rogue in the context of a federal elections case. And so maybe the court is not saying anything very different from the existing status quo when it comes to how the Supreme Court is supposed to super intend what state courts do with their own constitution, he says. Lee: I don't know whether this opinion would be read by some future court to actually foreclose federal courts second guessing state courts interpretations of state laws that protect voting rights.
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