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words of the law (or of intentions attributable to lawmakers). It is an idealized, constructive inquiry aimed at an impossibly well-informed
Order Attaching Statement of Circuit Judge Millett Dissenting from the Disposition of the Case, supra note 83, at 2 (“Forcing her to continue an
Understandably so. We have no contemporary analogue for this role, so the distinction looks at first blush like an irrelevant atavism. However, this
magnitude inquiry at the prima facie stage is to ask whether the disparity is big enough to warrant the court’s attention. This question is
represents a value judg- ment that the interchange of ideas, information and suggestions is to be kept free and open, at least if the interchange
generation of cases pursuing equality at the ballot box and addresses how to overcome some of the challenges litigators face in proving these claims
pronouncements on substantive law strictly,2 but the Federal 1. Jonathan Masur, Patent Inflation, 121 YALE L.J. 470 (2011). 2. Id. at 490. the yale law journal
at least in this one case, resulted in a poisoned and distorted political atmosphere and perpetuated detentions that civilian and military officials
concurring), which discusses the legislative history of the Act. 23. Heart of Atlanta, 379 U.S. at 258; see also Katzenbach v. McClung, 379 U.S. 294, 304
1551, 1562 (9th Cir. 1994); see also id. (“[T]he attempt to bisect a person’s identity at the intersection of race and gender often distorts or