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The Origins of the 14th Amendment
Sally Kohn: You could find support for each of those theories in this opinion. She says there is a huge ample mountain of evidence that shows the framers wanted power over Indian affairs to be sweeping and plenary as Justice Barrett says. Kohn: Alito and Thomas are not persuasive and they don't know how to be persuasive. The majority knows it can make itself look very good by exercising a little bit of judicial restraint, she says.