98: WOTUS
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Justice Jackson Turned Originalism on Its Head in Voting Rights Case
Barbara Walters: Justice Jackson was remarkably active during arguments, particularly compared to how new justices are generally expected to behave. She said more than 2,000 words in that voting rights at case, which is more than most justices say in any oral argument ever and she didn't even try to do that when the Alamama solicitor general was trying to say with a straight face that this map was permissible. And I think that's a good preview of what we can see from her in these constitutional cases. We should look for this term. In new Justice Kagan, who was just through, she's through y'all.
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