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<p>The problem with the historical arguments in this term's SCOTUS decisions is that the court isn't "using" history but "choosing" it—deciding whether or not historical examples map onto present beliefs about the legitimacy of rights or regulations. </p>
A dizzyingly circular display.
What did it take for him to finally speak out? He has joined the liberal justices in seeing an abuse of the shadow docket.
Without argument or explanation, the justices just keep changing the law.
Supreme Court's Alabama election map travesty and its worn-out 'shadow docket' defense from Justice Brett Kavanaugh, Samuel Alito and others is bad for America.