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Point 1 was about “many (not most)” legal claims.
It is consistent with law not being empty.
Also, Supreme Court takes <1% of appeals.
So even if it were wholly political (which it isn’t), most law would not be, unless lower courts were also wholly political. Most research shows lower courts are more legalistic.
The dirty little secret is that serious legal...
The dirty little secret is that serious legal arguments are those that lawyers pretend to take seriously. If enough Republican hacks decide to pretend that Judge Reed O'Connor is serious, he becomes serious. My forecast? The Fifth Circuit narrowly upholds O'Connor, and then it goes down 8-1 in th...
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Dec 16, 2018
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