It's an intersting view of this decision. I think the strongest issue against the majority is the one on which Justice Barret broke off from the majority. And the strongest argument for the majority is the functionalitu analysis noted by Professor Re.
I do aporeciate this format of reasoned diverse views on complicated issues.
Well done, Richard. A model for ways of talking about the Court in these times.
It's an intersting view of this decision. I think the strongest issue against the majority is the one on which Justice Barret broke off from the majority. And the strongest argument for the majority is the functionalitu analysis noted by Professor Re.
I do aporeciate this format of reasoned diverse views on complicated issues.