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Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

Opinionpalooza: The Day SCOTUS Became President

Amicus With Dahlia Lithwick | Law, justice, and the courts

NOTE

Unveiling the Political Strategy to Undermine Precedent

Justice Kagan's dissent highlights the majority's strategic effort to undermine Chevron by gradually stripping it of its significance through non-application, gratuitous criticisms in opinions, and questioning decision premises in separate writings. This calculated strategy over time lays the groundwork for overruling a decision, making it appear rooted in precedent when, in reality, it is a politically driven agenda rather than an organic legal evolution.

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