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A Wrecking Ball to Environmental Law
Strict Scrutiny
The Justices' Dissenting Lines
Justice Kagan ended her dissent in Rucho by writing with respect, but with deep sadness. In the three justice dissent in Dobbs, that time it wasn't sadness, but sorrow with sorrow we dissent. I think it'll be interesting to see if other justices start attaching emotional notes to their dissenting lines. And another word about the Thomas concurrence that you mentioned earlier, Sam. This was the concurrence joined by Justice Gorsuch. It's an opinion. The Clean Water Act is narrower than you all thought, but it's even narrower than Justice Alito and the five to my left, you know.
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