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of the ISLT, which could lead them to vote with Justice Kavanaugh for the same bottom-line result in future cases. If they did so, Kavanaugh’s narrower
outside the democratic community, thereby voiding all constitutional claims to political participation. But for doctrinal and democratic-theoretical
the confines of their strict scrutiny framework, thereby damaging its structure, the Justices should simply have applied a different framework. This
plaintiffs allege that RFRA entitles them to an exemption from even the regulatory accommodation, so that neither the organizations themselves, nor the
Americans into the larger private risk pools where the prices they pay will, in many cases, be higher than their own age- and health-adjusted actuarial risk
north shore, letting it cool into “pig iron” ingots, transporting the ingots across the river, then melting them back down on the south shore to
offered in these various works (and my argument that the Court has moved toward this conception rests on cases postdating them), it is indebted to all
convinced themselves that the “disdain” they showed to people of color was “not based upon the color of their skin but upon the moral violations they embody
must compensate them for the value of their lost water? For years in eastern Montana, a Louisiana company allegedly dumped toxic waste generated by oil
2012 and 2013, several state courts developed theories under which Concepcion could be cabined or read narrowly. The Supreme Court then invalidated the