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 …
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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Setting aside whether Kosher butchers had a hard time complying - she obfuscates - Tushnet wrote that the Schecters were also the largest butcher shop in BK, sold ill chickens, and that the procedural context of the case was favorable. None of that made it in the opinion somehow.
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