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The Legality of Presidents Doing Whatever They Want
Strict Scrutiny
Justice Alito's Proposal and Standing Questioning
Justice Alito proposed a different approach for civil rights plaintiffs and underrepresented minority or criminal defendants to lose if it looks like the court will rule in their favor. Justice Jackson questioned the suggestion that the plaintiff lacked standing, pointing out that the plaintiff had standing when the case was filed. This exchange indicated tension in the Alito-Jackson relationship, potentially exacerbated by spending time apart during the winter holiday.
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