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scholarship generally identifies two contexts in which public reason- giving occurs: in judicial opinions and in agency rulemaking.9 Judges write opinions
generally identifies two contexts in which public reason- giving occurs: in judicial opinions and in agency rulemaking. 9 Judges write opinions that
at the International Criminal Court (ICC). 9 Unfortunately, there has never been a successful international trial for gender-based persecu- tion
survival of small farms,9 the scope of religious-freedom about what “ordinary meaning” means and how to determine it—and whether it matters at all
treaties.”9 That observation does not suggest a general rule 6. Id. at 996. 7. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 610-11
different treaties.”9 That observation does not suggest a general rule 6. Id. at 996. 7. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 610-11
Reconstruction, White Supremacy, and the Rise of Jim Crow B Y H E N R Y L O U I S G A T E S , J R . P E N G U I N P R E S S , 2 0 1 9
treaties.”9 That observation does not suggest a general rule 6. Id. at 996. 7. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 610-11 (1952
of Hobby Lobby’s Implications for State Law, 9 Harv. L. & Pol’y Rev. 89, 104-05 n.75 (2015). To cite only the latest example, a wide array of amici
World B Y F R E D E R I C K W I L M O T - S M I T H H A R V A R D U N I V E R S I T Y P R E S S , 2 0 1 9 abstract. Most people would