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Comment by llamaimperative

5 months ago

Yes, I believe that in a court case, when someone says "what about Scenario X" and then you write an opinion that fails to preclude Scenario X, you are writing an opinion that can be criticized for allowing Scenario X.

Gorsuch saying "I am not considering Scenario X" does not actually mean his opinion precludes it. His opinion, as written, allows it.

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