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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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(I agree, and commented here.)


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    [::..archive..::]
    ::

    :: Monday, June 27, 2005 ::
    While waiting for the Van Orden decision, I'm going to predict it will uphold the Texas display. Two reasons:

    1. O'Connor was the swing vote in McCreary, and she likes to do the Grutter/Gratz two-step.

    2. She may particularly wish to do one here if she perceives, as I think is the case, that if the secularists sweep a double-header today, it will be too deep a draw-down on the Court's public credibility. Otoh, if such a double sweep does occur, it might be an advantage for Republicans in a (still-hypothetical) confirmation battle this summer or (more likely) fall.

    :: David M. Wagner 10:56 AM [+] ::
    ...

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