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The Uncertain Future of the Indian Child Welfare Act
Strict Scrutiny
The No Law Just Vibes Problem, Justice Sotomayor
I think the specter of race hangs all over this and it's just really hard to disaggregate the question of race. And that's such a Roberts court move as well, sort of recasting and masterpiece cake shop. The baker who doesn't want to provide services to the gay couple, he's the victim because someone on the lower tribunal asks a question or says something about how religion has been used to exclude people in the past. So again, I thought this was all really interesting and so did Justice Sotomayor.
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