The Consensus Court
Advisory Opinions
⚖️ Notice in Immigration deportation procedures
The speaker prefers doctrine and history as an informing factor rather than a controlling one, especially in the context of the First Amendment. They appreciate a doctrinal case law approach like New York Times v. Sullivan over a text history and tradition approach. The discussion then shifts to a case involving the notice required for an illegal entrant's removal hearing, emphasizing a textualist 5-4 decision on the interpretation of 'or.' Notably, Justice Gorsuch joins the three liberal justices in the dissent, which stands out in the context of the case.
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