New parlor game. Name a Supreme Court case in which constitutional history was determinative.
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Replying to @barryfriedman1
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@barryfriedman1 do you mean WAS determinative or was CLAIMED BY THE JUSTICES to be determinative?2 replies 0 retweets 0 likes -
Replying to @Profepps
@barryfriedman1@profepps Plaut v Spendthrift Farm? Marsh v. Chambers? Burnham v. Superior Ct.? Murray's Lessee? Texas v. White?2 replies 0 retweets 0 likes -
Replying to @WilliamBaude
@crescat@Profepps Wondered where you were Will. Marsh is a pretty good start. But fewer cases than one might think eh?3 replies 0 retweets 0 likes
Replying to @barryfriedman1
.@barryfriedman1 @crescat case study: do we really think that the "history" cited had any effect on EITHER the BOWERS or LAWRENCE outcome?
4:55 PM - 28 Feb 2014
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