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3min chapter
Busting Unions and Dodging Opinions
Strict Scrutiny
Why Is There a Sharp Distinction Between Law and Fact?
Kagan: It's not entirely clear why there should be a sharp distinction between law and facts in these circumstances. Francisco, who again is arguing for the employer seem to be saying, at least let the state courts decide the facts. And it would seem that if the idea of Garmin is a little bit of an exhaustion idea, first bite idea to get your expertise, your special expertise, it should apply all the more so in a case where there are also factual issues at stake.
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