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punishments.’”3 In this Essay, 1. 132 S. Ct. 2566 (2012). 2. Pub. L. No. 111-148, 124 Stat. 119 (2010), amended by Health Care and Education
ground of history and of common knowledge about the facts of life”). 2. 853 F.3d 339 (7th Cir. 2017) (Hively II). the yale law journal forum June 13
; Zachary D. Clopton, National Injunctions and Preclusion, 118 Mich. L. Rev. 1, 2-7 (2019); Alan M. Trammell, Demystifying Nationwide Injunctions, 98 Tex
Employment Background Checks, Nat’l Emp. L. Project 2 (2014), https://nelp.org/wp-content/uploads/2015/03/Wild-West-Employment-Background-Checks
private ends.” Anderson, supra note 2, at 289, 287 (emphasis added). These objections recall Kant’s idea that one should treat humanity “never simply
to submit any files necessary to replicate the analyses in their manuscripts, including but not limited to: (1) statistical data; (2) well
873 THE YALE LAW JOURNAL FORUM J A N U A R Y 3 1 , 2 0 2 2 A Counter-History of First Amendment Neutrality Genevieve Lakier abstract
employment discrimination claim against her religious employer). 184. 42 U.S.C. § 2000e-2(a) (2006). 185. LEITER, supra note 13, at 162 n.11. 186
reliance on . . . [the] warrant.”2 According to Leon, conduct of the judge or magistrate who issued the warrant cannot provide grounds for suppression
hundred years.2 Although the exception has always been construed narrowly, it grew narrower still in October 2002 when the Federal Circuit issued its