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Sackett v. Environmental Protection Agency - Post-Argument SCOTUScast

SCOTUScast

CHAPTER

The Rapunas Plurality - Is There a Third Way?

I was struck by how little the argument seemed to focus on either of the tests as such in the prior Rapunas decisions. Even all that I really did not hear much support for the significant nexus test as such during the argument at one point, Justice Kagan asked. It's very hard to read both Justice Barrett and Justice Kavanaugh, where they're headed on this.

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