
Early Wittgenstein
Divided Argument
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Do You Think Justice Breyer Needs Deference in the Separation of Powers?
I know you and I both believe that the court needs to be pretty differential to democratic choices. We worry about judicial activism. Do you think the case for that kind of deference is stronger or weaker in the separation of power is context? Like I can imagine saying, Justice Breyer, look, when the question is like substantive power, can Congress regulate health care? Yes, broad deference. Maybe even when the question Is there a place where it actually makes more sense, typically a rule? You know, I think it maybe depends on the specific separation of powers context we're talking about.
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