Plain language of statutes often has unanticipated effects (e.g. Mass v. EPA). Funny how so many think this is new.
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@rickhasen Yup. He's less committed to textualism (see TSA case this week), and more concerned about practical effects of ruling.
.@jadler1969 Let's talk again after oral argument---my guess is we will say neither is much of a swing in this case
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@jadler1969 but I'd bet on Roberts over Kennedy -
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@jadler1969 That seems to be Larry Tribe's take too
End of conversation
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