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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
constitutionality of our criminal justice system’s most severe punishments. Is lethal injection okay?1 What about a firing squad?2 How about life
York, 883 F.3d 45 (2d Cir. 2018), cert. granted, 139 S. Ct. 939 (2019). 373. Petition for Writ of Certiorari at 1-2, NYSRPA, 139 S. Ct. 939 (No. 18-280
; see also Huerta v. Ewing, No. 16-cv-00397, 2018 WL 780509, at 2 (S.D. Ind. Feb. 8, 2018) (“When considering whether a three-judge panel should be
indicated that what the Court means by history and tradition will decide the future of 1. 142 S. Ct. 2228, 2247 (2022). 2. Id. at 2302 (Thomas
Federalism and Federal Agency Reform, 111 Colum. L. Rev. 1, 2 (2011) (“Preemption has emerged as the contemporary federalism battleground.”); Nina A
constitutional provisions . . . .” (footnote omitted)); Mitchell N. Berman, Constitutional Decision Rules, 90 Va. L. Rev. 2, 8-9 (2004) (proposing a taxonomy
justifications stand out from the literature: (1) the concept of law found in legal positivism, (2) the justification of beliefs achieved through reflective
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