It might but how do you justify, from a legal conservative perspective, replacing one arbitrary standard without grounding in text, history or tradition (or precedent for that matter) with another?
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they don't need Roberts. Barrett, Kavanaugh, Gorsuch Thomas and Alito make an anti-Roe majority all on their own.
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Not sure about that—Kavanaugh’s votes so far have mirrored Roberts pretty closely.
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Girgis. Please don't other him.
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Andersen is right.
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Well, there could be a fractured vote with Thomas-Alito-Gorsuch-Barrett joining the plurality, Roberts-Kavanaugh concurring in the result but not the reasoning, and Breyer-Kagan-Sotomayor’s heads exploding. Statute upheld, with no reasoning accepted by a majority.
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