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1/ In Preap, J. Kavanaugh stressed that "the strict 1996 illegal-immigration law" was "signed by President Clinton." The implication is that even a Democratic President favored a strict immigration law. Why make this political point in an opinion? #SCOTUS
2/ In contrast, CJ Roberts's Windsor dissent did not name the "President who signed" DOMA. That is, a Democratic President--Clinton--who prohibited the federal recognition of same-sex marriage. #SCOTUS
3/ Scholars make this point all the time. For example, when discussing Hobby Lobby, I note that then-Rep. Schumer sponsored RFRA, and Pres. Clinton signed it into law. Judges should not make this sort of point. #SCOTUS
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