@rickhasen Less restrictive alternative under strict scrutiny turns on practical availability,not political feasibility.Doctrine not naivete
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@AdamCharnes yeah, but CJ Roberts purports NOT to be applying strict scrutiny in#McCutcheon. -
@rickhasen But wouldn't the same principle governing less restrictive alt. apply a fortiori to the "closely drawn" standard Roberts applied? -
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@AdamCharnes Not the way the Court had applied "exacting scrutiny" to contribution limits in the past:e.g., Shrink Missouri, 2000, VERY lax
End of conversation
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@rickhasen I agree he’s not naive to the process but I do believe his opinions reflect a person and ct. who has never had to win an electionThanks. Twitter will use this to make your timeline better. UndoUndo
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