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be controversial. We merely give them the meaning that they seem most naturally to invite. Those who would read these provisions as somehow
constitutional rights. It is therefore not surprising that, even when Congress did a more thorough job than it had with RFRA in documenting the basis for such
they are structural (built into the culture’s ways of perceiving) rather than official . . . . It makes sense, therefore, that an African American
Constitution requires, rather than by silent erosion through an opinion of this Court.”). Justice Thomas dissented on the grounds that “[t]he plurality utterly
decision-making. It also shows that these mechanisms of congressional influence can enhance the potency of threats. This Article thus fits into a
problematically declares these women to be the arbiters of their own fates, rather than the subjects of laws and social mores that traditionally
Court’s framing of the question, there should be little doubt it reached the right answer. Those who think otherwise are under the misimpression that
acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States
supporting the proposition that arbitration clauses are generally much more favorable to consumers than their critics make them out to be); Thomas
interpretive deference are intuitively attractive. But despite the plausibility of this modern critique, there is reason to believe that these ef- forts are