...to what I said earlier about the DOJ not leaving legal interpretation to inter office memos and unexplained decisions.Indeed, “legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation” is *supposed* to receive heightened judicial scrutiny—on the ground that it’s not “democratic” to begin with.https://t.co/ptx0zUtnbv https://t.co/0OqYV9CPt2
— Steve Vladeck (@steve_vladeck) June 11, 2021
Sometimes both those things are very appropriate; but more often than not, legal matters need judicial scrutiny. Cf. Scalia trying to make Bush v. Gore a sort of private memorandum on the law of elections; but the courts have been scrutinizing it anyway.
That’s as it should be.
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