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The Gorsuch Brief

6 days ago   |   By Slate

During Anthony Kennedy's long reign as the Supreme Court's swing vote, advocates perfected the art of “ the Kennedy brief ”: a legal argument designed to win his support by rhapsodizing about “dignity” and “liberty.” While the Kennedy brief went extinct upon his retirement, it may now be replaced by the Gorsuch brief, which replaces florid encomia to freedom with highly technical textualist arguments. The American Civil Liberties Union tested this strategy in a major immigrant-detention case this week. Gorsuch's questions indicate it just might have worked.
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