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"Not That Bad" is Still Bad!

Strict Scrutiny

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Why Justice Sotomayor and Justice Kagan Joined the Majority Opinion in the NLRB General Counsel Complaint

Sotomayor and Kagan joined the majority opinion by Justice Barrett. The court, like I said, didn't decide to take this case because they just wanted to apply the facts to the existing law. It makes you think that they must have joined in order to give Justice Barrett a majority for this limited holding so that Justice is a Lido or Gorsuch or Thomas couldn't get a majority of their own.

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