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Thursday, June 29, 2023

Justice O'Connor's Jurisprudential Legacy

At this point, is there any? The joint opinion in Casey was overruled. Grutter is no longer the law. Her opinions about the Establishment Clause aren't really good law anymore either. I'm not sure what else matters that survives.

One lesson here is that a swing Justice is very influential in the short-term and very unimportant in the long run. Today's that's Justice Kavanaugh. 

Posted by Gerard Magliocca on June 29, 2023 at 12:43 PM | Permalink

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