I had the opposite reaction. Her rhetoric is over-the-top, and she concedes Tushnet's core points: this was not an instance of the administrative state singling out a small butcher on the basis of religion. Judges need to be more careful when relying on "history."https://twitter.com/baseballcrank/status/1156269950425804803 …
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Dan, Gorsuch's implication is evident: "Kosher butchers such as the Schechters had a hard time following these rules. Yet the government apparently singled out the Schechters as a test case; inspectors repeatedly visited them and . . . behaved abusively toward their customers."
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And her article backs up both of those assertions: (1) that Kosher butchers had a hard time complying, and (2) that the Schechters were singled out as a test case.
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