Tentative Thoughts on Biden v. Texas
Two weeks after the Supreme Court term concluded, I finally finished reading all of the opinions. I am still digesting the final case, Biden v. Texas. I don’t think I fully understand what the Chief Justice decided, and did not decide. When the Chief wants to be clear, he is very clear. When he wants to be obtuse, no one is better. And I’m not sure what the lower courts should do on remand. Plus, I’m still trying to square this case with the DACA and census litigation, but maybe that is a foolhardy errand. It is a John Roberts special!
I also need
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