Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.
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David A. Martin Tue, Jul 23, 2019, 12:06 PM
Robert Chesney Fri, Sep 29, 2017, 12:49 AM
The answer may turn on the Supreme Court's 2008 decision in Munaf v. Geren.