
Coup, But Make It Look Legal
Strict Scrutiny
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What Is the Textualism of the Windex Doctrine?
Judge misel concludes that because the statute authorizing the c d c only allows the agency to enact, quoton quote, sanitation measures, it can't impose a mask mandate. The idea that we're using a definition of sanitation that would have been in vogue in the 19 forties when the statute was authorized does not hold water. It's like a parody of textualism, as you're suggesting.
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